[HISTORY: Adopted by the Town Board of the Town of Pine Plains 7-19-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
These specifications shall apply to all the waterworks facilities
of the Town of Pine Plains. Any and all work performed on those physical
works, which is covered in these specifications, shall be included
in all proposals and/or site plans and be performed in accordance
therewith.
A.
The ensuing rules, regulations and specifications are adopted by
the Town Board of the Town of Pine Plains, Dutchess County, New York,
and shall be considered part of the contract with any individual,
partnership, corporation, or other entity that is or shall be supplied
with potable water within the bounds of the Town of Pine Plains. It
is further the intent of this chapter to promote uniformity and standardization
of materials and procedures used in the construction and installation
of all public water supply facilities built within the bounds of the
Town of Pine Plains.
B.
The construction standards presented herein include standards for
appurtenances used in the installation of water service lines as well
as major distribution system facilities. Any and all work performed
on those physical works, which is covered in these specifications,
shall be included in all proposals and/or site plans and be performed
in accordance herewith. Source, treatment, and storage facilities
are not covered herein.
C.
The Town of Pine Plains reserves the right to modify these regulations
and construction standards as deemed necessary.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
The numbered specifications of the American National Standards
Institute, as revised at the time work is to be performed.
The numbered specifications of the American Water Works Association,
being the latest published specifications at the time work is to be
performed.
The Supervisor and Town Board of the Town of Pine Plains,
which persons are also the governing body of the Pine Plains water
improvement area.
The owner of the premises supplied or furnished with water.[1]
The engineer for the water improvement area or his authorized
deputy, agent, or representative.
The legal owner of the real estate to be improved or to which
water service is provided or to be provided or such person designated
as his agent, in writing, to the water improvement area.
The engineer of record with reference to the water system
private modification proposed.
The pipe and attachments of every kind and nature appurtenant
thereto connecting the street main with the house or building piping.
The Superintendent of Water of the Town as duly appointed
by the Board of Commissioners, or the operator of the water supply
system under contract with the water improvement area. Whenever the
words "ordered," "directed," "required," "approved," or "accepted,"
or variations thereof, are used, they shall refer to action by the
Water Superintendent of the Town Water Department, or his/her designated
representative(s), unless otherwise specified.
A water improvement area, or improvement area, or department,
agency, or individual of the Town which is authorized by the Town
Board to operate, maintain and, in general terms, manage the water
systems of the improvement area or water improvement area.
Town of Pine Plains Water Improvement Area Nos. 1 and 2.
The pipe and attachments of every kind and nature conveying
water along the streets of the Town.
A.
Before water shall be turned on for the supply of any building or
premises, application therefor shall be made in writing to the Town,
which application shall be signed by the owner and be upon a form
supplied by the Water Department and filed with the Water Department
and Building Inspector before any connection is made with the street
main or the service main.
B.
The applicant shall be held responsible for all water rents and charges
until due notice of change of ownership shall have been made by him
in writing and delivered to the Town at least 10 days before going
into effect. Every owner taking water, or permitting water to be taken
for use on his premises, thereby agrees to this chapter and agrees
to be bound by it and by such other rules and regulations as may hereafter
be established for the Town water improvement area.
C.
For residential services and commercial/industrial services less
than one inch in diameter, payment for the water service shall be
in the form of a processing fee. The processing fee includes administrative
costs and Town inspection costs associated with the tap, water service,
and water meter installation. The Town shall be responsible for the
cost of material and installation of the meter. All other costs, including,
but not limited to, performing the tap into the Town water main, excavation,
backfilling, compaction, and installation of corporation stops, curb
stops, and water services shall be at the owner's expense. All fees
shall be paid in full prior to tapping the Town water system. The
schedule of current fees is located in the Town's fee schedule.
A.
No street, sidewalk or other public ground shall be opened for the
purpose of laying any water pipe or service pipe or doing any work
whatsoever about any water main or pipe or service pipe or fixture,
or for the purpose of making any connection with any water pipe or
doing any work in connection therewith, unless a permit therefor shall
be obtained from the Town Superintendent of Water, unless the work
is to be done under contract with the Town,
B.
No permit required by Subsection A shall be granted to any person other than a plumber or contractor approved by the Town to open up any street, sidewalk or other public ground for the purpose of laying, installing or repairing water pipes or fixtures. No plumber or contractor shall allow his name to be used by any other person or party, whether for the purpose of obtaining permits or doing any work in connection with the water mains or service mains.
C.
Before any permit required by Subsection A shall be granted, the plumber or contractor shall file a bond in the office of the Town Clerk in a sum to be determined by the Town Engineer, properly conditioned to indemnify the Town against any loss which the Town may sustain by reason of the negligence of such plumber or contractor, or his failure to comply with this chapter. The bond shall be approved by the Town Board as to its form and the sufficiency of the surety, before filing.
D.
In the opening of a street, sidewalk or other public ground for the
introduction or repair of any water service pipe or connection under
authority of a permit issued pursuant to this section by the Town
Superintendent of Highways, the plumber or contractor and owner shall
be responsible for all damages resulting from such trench or opening,
even though the work is performed by some other person; the permit
for making the excavation or opening in the street, sidewalk or other
public ground being to the plumber or contractor or owner, and any
person opening the street, sidewalk or other public ground under the
permit does so as the agent of the plumber or contractor or owner
and by no other authority. The plumber, contractor and owner shall
duly regard public safety and convenience and such excavations shall
be adequately guarded and proper lights displayed by him at night
to warn and protect the public.
A.
No person shall tap any street main or make any connection therewith,
except authorized personnel of the Town, unless the tapping is made
as, and adjunct to, a contract with the Town for the installation
of the street mains on which such tap is being made. The cost of the
tap made by the Town shall have fixed prices, which shall be paid
in advance. The Town shall tap all mains, except as provided in this
section, and shall approve the setting of all meters. No one shall
turn on any water service nor shut off any water service except with
the knowledge of and permission of the Town.
B.
Service taps shall be made under the direction and supervision of
the Town using materials, methods and specialized persons or firms
acceptable to the Town. Costs for such taps are not included in the
fixed fee schedule, but shall be borne in their entirety by the applicant
for water service.
C.
No person shall lay any service main or make any attachment thereto
or any alterations or repairs to the service main or appurtenances
thereto except a plumber or contractor approved by the Town who has
obtained a permit therefor as prescribed in this chapter or the Town
or persons or firms working under contract with the Town for such
work.
D.
There shall be no tap, provision for a tap, plugged tee or other
such fitting in the service main between the street main and the meter
inside the building. Any yard hydrant, fountain or hose must be connected
on the building side of the meter. In cases where water would be used
for fire prevention, or for filling fire service tanks only, a tee
before the meter could be permitted.
E.
All service pipe shall be of the best grade and weight, standard
type K copper tubing for sizes through two inches meeting AWWA specification
7S-CR. All fitting utilized on copper services shall be compression-type
fittings. Service pipe over two inches may be cast iron, or ductile
iron meeting AWWA specifications C 106-62 and C 151-65, respectively.
All pipe shall be rated for service of 150 pounds per square inch
or greater. No service shall be less than 3/4 inch. All meters shall
be those specified by the Town.
F.
Service pipe shall be laid not less than 4 1/2 feet below the
surface of grade. and its vertical and horizontal alignment in relation
to any sewer or other parallel pipe shall conform to Health Department
standards and to the requirements of the Town; in areas where rock
is encountered, the excavation shall be made an additional six inches
below the depth of the service, and six inches of clean sand, properly
compacted, shall be installed, on which the service line shall be
placed. Clean sand, properly compacted, shall be used as backfill
material around service lines to a height of 12 inches above the top
of the service.
G.
The entire expense, both in labor and material, of installing the
service from the curb stop at the street line to the gate valve at
the meter shall be borne by the owner of the premises to be served.
In those instances where service pipe from the street main to the
curb stop at a property line was not provided by intent, the entire
expense, both in labor and material, of installing the service from
the corporation stop in the main to the gate valve at the meter, both
inclusive, shall be borne by the owner of the premises and the street
surface and walks and other surface elements replaced as they were
found, at the property owner's expense. In those cases where the size
of the service already installed from the street main to the curb
stop is not suitable to the property owner for his intended use, the
property owner may, upon application for and issuance of a permit,
install a suitable service from the tap to the meter at his own expense.
The property owner shall be responsible for repairs to service lines
and attached equipment not originally furnished and installed by the
water improvement area.
H.
Only one property or property unit shall be supplied through a single
service pipe. Should repairs to the service main or its appurtenances
and fixtures become necessary to prevent water or to maintain service,
the repair and the cost of such repair will be made by, and at the
expense of, the water improvement area if the defect is located between
the street main and the curb stop. If the defect is between the curb
stop and the building, the repair and full cost of the repair shall
be the responsibility of the owner of the premises. Failure to immediately
repair such defect shall cause the Town to turn off the water at the
curb stop.
I.
Every service main shall have a corporation stop or other approved
valved tap in the main, an inverted key stopcock or other approved
valve with a metal protecting box at the curb or property line, and
a gate valve or other approved valve just before the meter. It shall
be the duty and responsibility of the property owner to keep the curb
box in good repair, above ground and accessible at all times.
J.
No person, except Town personnel, or those acting with permission
of Town officials, shall open or close any valve on the street mains
or services or any cocks in any curb box, or molest or interfere with
same in any way whatsoever.
K.
Personnel authorized by the Town Board may, at any time, enter a
building or upon premises where water is used from supply pipes connected
to the street mains for purposes of examining such pipes and materials
which have been installed.
L.
The property owner shall be allowed a maximum of 48 hours to repair
any leak that exists. Failure to do so shall allow the water improvement
area to make the needed repairs and to bill the owner for the full
cost of such service.[1]
M.
Standard fittings at the inside building line shall be a good-quality
gate valve immediately upon entering the building and a good-quality
double-check valve immediately after the gate valve.
N.
No service may be altered or extended beyond the provisions of the
original approved application without specific written permission
from the Water Department. Such permission grants the water improvement
area the right to adjust the water rate for such altered service.
O.
The water improvement area, through its duly appointed representative,
may order the correction of any service faults by ordering that a
new tap be made in the regular manner.
P.
The owner is obligated to assure the Town that no water service shall
extend from one dwelling unit to another dwelling unit and that no
unmetered water shall be expended. Special approval may be granted
to service more than one dwelling unit. This may be done if such special
approval is granted in writing by the Town Water Department.
Q.
At the time of the installation, or prior to, the owner shall disconnect
any pipe carrying water from any other source (e.g., a water well)
or piping of any other kind as stipulated in State Sanitary Code Part
5, Section 5-1.31. The connection of any pipe or conduit servicing
the supply of water of the Town of Pine Plains is strictly prohibited.
R.
During the construction of the water service line, the owner shall,
at all times, be responsible for the trench in which the pipe is placed
and any alleged damages resulting from this installation. All restoration
work in public rights-of-way shall be completed by the owner to the
satisfaction of the Town Water Department.
A.
The water improvement area shall supply water service only for properties
which are located within the established water improvement area boundaries
and border an existing or proposed Town road or easement where a water
main exists with the road right-of-way or easement and passes in front
of the property for which a tapping permit is being sought.
B.
An applicant whose property meets the criteria set forth in Subsection A above shall make application to the water improvement area for a tapping permit on approved forms. The application shall be signed by the property owner, or his agent who has been authorized, in writing, to sign and submit such application. The proper fee shall accompany the application.
C.
A tapping permit issued by the water improvement area becomes a permit
for water service and, as such, shall become a contract and shall
remain in force until it is canceled by either party.
D.
Application forms may be obtained from the Town Clerk and must be
approved by the Board of Commissioners or its duly appointed agent.
E.
A single tap is to supply a single building and may not be altered
or extended without permission specifically stated, in writing, in
the application for water service.
F.
All tapping of mains will be made or be contracted to be made by
the water improvement area under the supervision of the Superintendent.
G.
The applicant shall be responsible for all arrangements, labor and
material and costs for installation of all service taps. A single
user's residential service taps shall include a 3/4-inch tap of the
main, install the curb stop and box, install the service line from
the main to the curb stop where said distance does not exceed 30 feet
and install the water meter in a setting provided by the applicant.
If the distance from the main to the curb box exceeds 30 feet, the
applicant shall furnish the service line in a single unjointed length.
H.
The applicant shall perform all excavating, all backfilling, obtain
all required permits for opening streets or highways and assume all
responsibilities and liabilities for said operations.
I.
Fees may be adjusted to compensate for material or labor costs when
deemed necessary by the water improvement area.
J.
At least 14 calendar days prior to connecting into the Town water
main, the Town Water Department shall be notified as to the intent
of the individual desiring the tap. It shall be that individual's
responsibility to arrange a meeting to discuss the connection with
the Town Water Department. Prior to this meeting, a water supply application
and engineering drawings/specifications, if required, shall be submitted
to the Town Water Department.
A.
Every water service shall be supplied through a meter. Only one meter
shall be set in any service main. If more than one meter is desired
or required for a building or premises, a separate service must be
run to the street main for each and every additional meter. When exceptional
conditions warrant deviation from this rule, a special permit may
be issued therefor by the Town Board. Every such special permit shall,
however, be revocable at the discretion of the Town Board.
B.
Separate water service lines designed and installed exclusively for
fire-fighting purposes (i.e., sprinkler systems, etc.) and from which
there are no connections or tees or taps from which water may be drawn
and used for purposes other than fire fighting and protection need
not be metered.
C.
All water meters of one-inch size or less shall be furnished and
installed by the Town at the Town's expense. The meter shall be the
property of the Town water improvement area. Larger meters shall be
provided by, and at the expense of, the owner of the premises requiring
the meter and shall be of the size and type acceptable to the Town.
Meters shall be set at the expense of the property owner in such location,
position and manner as to be readily accessible for reading and repair,
kept free from obstruction and fully protected from freezing and damage
at the property owner's expense. Remote-reading heads shall be installed
and maintained by the owner at locations on the outside surfaces of
building, suitable to the Water Department. Cables or wires connecting
remote-reading heads with the meters shall be protected from damage
by the property owner. A penalty will be imposed when a meter is damaged
by freezing or other negligence on the part of the owner or when a
remote-reading cable or head is damaged by the property owner's negligence,
which penalty shall be a lien against the property. All meters, cables,
remote-reading heads and all other equipment accessory to the meters
shall be under exclusive control of the water improvement area and
subject to inspection at all times by the Town. The Town may require
replacement of a meter if the Town determines replacement is necessary.
D.
All water passing through a meter will be charged for, whether used
or wasted. Meters will be tested at the consumer's request, and if
the meter is found to be accurate, the consumer shall bear the expense
of the test. Any meter may be tested for accuracy at the discretion
of the Town. Should a meter of a size greater than one inch be found
to be inaccurate, the consumer shall, upon written notification, have
the meter repaired at his expense within 45 days of the notice. Meters
will be considered accurate if registering within 2% plus or minus.
If a meter is out of order and fails to register correctly, the consumer
will be charged the average daily consumption as previously shown
by the meter when in accurate working condition.
E.
No person shall interfere or tamper in any way with the meter or
meter accessories or the valves and fittings connected thereto. Any
person violating this subsection shall forfeit as a penalty for such
violation.
F.
All meters shall be sealed. The seal may be broken only by the authorized
agent of the Town Board. Should the seal be broken in any other manner,
the property owner will be held responsible and the Town Board reserves
the right to order the meter removed for test at the expense of the
property owner.
A.
Permits required. The owner shall obtain such permits as are necessary
for the opening of streets, building permits and such others as are
required by local law. These shall be obtained prior to the start
of construction and at no cost to the water improvement area. The
owner shall be responsible for payment of all fees required by such
local laws.
B.
Notice of construction. The engineer shall be notified at least seven
working days in advance of the start of construction.
C.
Quality of materials. All materials becoming a part of the permanent
construction, as called for on the approved drawings and in the specifications,
shall be first class in every respect and subject to the approval
of the engineer, who shall be the sole judge of their quality and
suitability for the purposes for which they are to be used. If any
material brought on the site for use in the work is condemned by the
engineer, after arrival at the site, as unsuitable or not in conformity
with the specifications, the owner shall immediately remove such materials
from the construction site.
D.
Approved drawings. Approved drawings shall consist of a set of plans
and profiles prepared by the owner's engineer and submitted to the
basic municipal water supply system plan and the specifications. The
engineer's approval shall be affixed to the drawings and a copy of
such approved drawings shall be on the construction site at all times.
No deviation shall be made from the line and grade shown on the approved
drawings, except by written authorization of the engineer.
E.
As-built drawings. The owner's Engineer shall provide the Engineer
with a revised set of permanent reproducible drawings showing the
as-built location, sizes and elevations of waterlines, valves, hydrants,
building connections, water main and service terminations and easements,
together with such legal descriptions, as are required for proper
recording of such easements, together with such legal descriptions,
as are required for proper recording of such easements.
F.
Water main sizes. All water mains shall be no smaller than eight
inches in diameter. Written requests for exceptions shall be submitted
to the engineer for approval. The engineer may require the installation
of water mains of greater size than eight inches in diameter if, in
his judgment, service conditions so require.
G.
Specifications.
(1)
General.
(a)
All components of the water system shall comply with the latest
edition of the Recommended Standards for Water Works, as adopted by
the Great Lakes - Upper Mississippi River Board of State Public Health
and Environmental Managers and the requirements of the New York State
Department of Health.
(b)
These specifications apply to all water mains, valves, hydrants,
and services installed on public or private properties that are connected
directly or indirectly to the Town of Pine Plains water system.
(d)
All components of the water system materials shall be forged
or made in North America unless otherwise allowed by the Superintendent
and Town Engineer.
(2)
Ductile iron pipe.
(a)
All pipe for water mains six inches through 16 inches in diameter
and water services three inches in diameter and larger shall be ductile
iron pipe. All ductile iron pipe three inches in diameter and larger
shall be furnished in eighteen-foot or twenty-foot nominal laying
lengths.
(b)
All ductile iron pipes shall be centrifugally cast in metal
molds or sand-lined molds, with all details of manufacture and supply
in conformance with the latest version of ANSI/AWWA C1511/A21.51.
All ductile iron pipes shall be designed and selected in accordance
with the latest version of ANSI/AWWA C150/A21.50. All ductile iron
pipes shall be minimum pipe wall thickness Class 52 per the latest
version of ANSI/AWWA C150/A21.50.
(c)
All buried pipe shall have push-on joints in complete conformance
with the latest version of ANSI/AWWA C111/A21.11. The pipe manufacturer
shall furnish the required rubber joint gaskets with each length of
pipe.
(d)
All ductile iron pipe for hydrant connections shall be a minimum
size of six inches in diameter and conform to the same specifications
as given previously for ductile iron pipe; except that hydrant connection
pipe shall have mechanical joints in conformance with the latest version
of ANSI/AWWA C111/A21.11. The pipe manufacturer shall furnish the
required joint accessories consisting of ductile retainer iron glands,
high-strength low-allow steel tee bolts and nuts, plain rubber gaskets,
and required joint lubricant.
(3)
Joints.
(a)
Mechanical joints shall meet the requirements of ANSI Specifications
A21.11 (AWWA 0110) and shall have the same pressure rating as the
pipe of which it is a part. Assembly of mechanical joint fitting shall
be completed with a torque wrench. Torque to be applied to each bolt
shall be between 60 pounds and 90 pounds. After all pipe and fitting
joints have been completed, there shall be inserted in each joint
two bronze wedges as furnished by the pipe manufacturer. They shall
be firmly driven between the outside surface of the pipe and the inside
surface of the socket. The wedges shall be placed 180° apart on
the horizontal axis.
(b)
Except as necessary to connect into existing pipe, rubber ring-type
gaskets shall be used with bell and spigot pipe, mechanical joints
or push-on joints, which gaskets shall be equal to Fastite, as made
by the American Cast Iron Pipe Company, or Tyton, as made by the United
States Cast Iron Pipe Company.
(4)
Fittings.
(a)
All pipe fittings shall be ductile iron compact fittings in
conformance with the latest version of ANSI/AWWA C153/A21.53. The
pipe manufacturer shall furnish the required joint accessories consisting
of ductile iron retainer glands, high-strength low-allow steel tee
bolts and nuts, plain rubber gaskets, and required joint lubricant.
(b)
All ductile iron pipe and fittings shall be cement mortar lined
in conformance with the latest version of ANSI/AWWA C104/A21.4. The
thickness of the lining shall be twice the standard and shall be not
less than 1/6 foot thick.
(c)
All buried ductile iron pipe and fittings shall be furnished
with a standard bitumastic coating in conformance with ANSI 21.51.
(d)
For new water main installation, the contractor shall verify
the corrosivity of the soil with the Ductile Iron Pipe Research Authority
(DIPRA). If the soil is determined to be corrosive, the water main
shall be encased in polyethylene conforming to the requirements of
ASTM D4976 and AWWA 0105. Installation shall be in accordance with
AWWA 0105.
(e)
Retainer glands shall be utilized on all ductile iron fittings.
Retainer glands shall be ductile iron with T-head bolts and gaskets
conforming to ANSI/AWWA C111/A21.11. Retainer glands shall be Meg-a-lug
3000 for use with mechanical joint ductile pipe and fittings.
H.
Excavation and installation.
(1)
Trench width. The trench width may vary with and depend upon the
depth of the trench and the nature of the excavated material encountered;
but, in any case, shall be of ample width to permit the pipe to be
laid and jointed properly and the backfill to be placed and compacted
properly.
(2)
Sheeting and bracing. Sheeting and bracing shall be used as required,
or ordered, by the engineer to support the sides of trenches or other
excavation. Such sheeting and bracing shall be removed as the trench
or excavation is backfilled unless the engineer shall order the same
left in place.
(3)
Selected backfill. All backfill under, around and to a depth of one
foot over the top of all pipes and valves shall be made with a selected
material thoroughly tamped. The material to be used for selected backfill
embedment shall be a natural run-of-bank material graded from fine
to coarse, not lumpy or frozen and free from slag, cinders, ashes,
rubbish or other deleterious or objectionable material. It shall not
contain a total of more than 5% by weight of loam and clay, containing
no stones larger than two inches in size and subject to approval by
the engineer. Limestone screenings, sand, bank-run gravel and approved
excavated material may be utilized with the approval of the engineer.
(4)
Earth backfill.
(a)
Only after the backfill, previously mentioned, has been satisfactorily
compacted may work proceed in placing any remaining backfill, which
must be carefully placed and compacted by tamping, puddling or rolling.
All precautions must be taken to eliminate future settlement. Where
pavements, driveways, curbing and sidewalks are to be placed, or are
to be replaced, all backfill placed over the pipe shall be compacted
with the use of approved vibratory or flat-faced mechanical tampers
in layers not more than 12 inches thick, loose measurements, to a
density satisfactory to the engineer or his authorized representative.
(b)
Backfilling shall not be done in freezing weather, except by
permission of the engineer, and it shall not be made with frozen material,
nor shall any fill be made where the material already in the ditch
is frozen.
(c)
All backfill above a plane one foot above the top of all pipes
may be made with material excavated from the trenches, provided that
the same is satisfactory to the engineer. If, in the opinion of the
Engineer, the material excavated is unsatisfactory, other material
suitable for backfill shall be used. All backfill shall be free from
slag, cinders, rubbish and other objectionable material.
(5)
Pipelaying.
(a)
Pipe, couplings, and fittings shall be handled and installed
in accordance with the recommendations of the pipe manufacturer. Proper
and suitable tools and appliances for the safe and convenient handling
and laying of the pipes and fittings shall be used. Under no circumstances
shall pipe or accessories be dropped or dumped into the trench or
bumped while handling.
(b)
Great care shall be taken to prevent the pipe coating from being
damaged, particularly on the inside of the pipes and fittings, and
any such damage shall require replacement of the item in question.
All pipes and fittings shall be carefully examined for defects just
before laying and no pipe or fitting shall be laid which is known
to be defective. Pipes shall be laid only in properly prepared trenches
and on a compacted sand cradle, true to line and grade and with no
dips or rises except as required by the design.
(c)
All pipes and fittings shall be thoroughly cleaned before they
are laid, shall be kept clean until they are used in the completed
work and, when laid, shall conform to the lines and grades of the
design. Open ends of pipe shall be kept plugged with a bulkhead during
construction.
(d)
Pipe laid in a trench shall be laid to a firm and even bearing
in material for its full length. No pipe shall be laid in wet trench
conditions which preclude proper bedding as specified or on a frozen
trench bottom or when, in the opinion of the engineer, the trench
conditions or weather is unsuitable for proper installation.
(e)
It is the intention of these specifications to secure first-class
workmanship in the placing of the pipe and accessories.
(6)
Nonstandard deflections. Wherever changes in line and grades of the
main are not standard-fitting deflections, combinations of standard
ductile iron fittings and small deflections in the adjoining lengths
of pipe will be permitted, subject to the following limitations:
(7)
Trench width. The minimum width of unsheeted trench shall be at least
18 inches larger than the outside diameter of the pipe, except by
consent of the engineer; the maximum clear width of a trench shall
be not more than two feet greater than the outside pipe diameter.
When sheeting and bracing are used, the trench width shall be increased
accordingly.
(8)
Pipe cover. The minimum width of cover over the top of water mains
shall be five feet zero inches measured from the established grade
of the street. Cover in excess of five feet zero inches shall be approved
by the engineer.
(9)
Bedding.
(a)
The trench bottom, when unsatisfactory, shall be excavated at least six inches below the bottom of the pipe and the bottom brought back to grade by thoroughly compacting selected backfill which meets the requirements of Subsection D.
(b)
When the uncovered trench bottom at subgrade is soft and, in
the opinion of the engineer, cannot support the pipe, a further depth
and/or width shall be excavated and refilled to pipe foundation grade
with slag, stone or other approved material to secure a firm foundation
for the pipe.
(c)
Ledge rock, boulders, large stones and shale shall be removed
to provide a clearance of at least six inches below all parts of the
pipe, valves or fittings, and a clear width of nine inches on each
side of all pipe shall be provided.
(d)
Bell holes of ample dimensions shall be dug at each joint to
permit the jointing to be made properly. Adequate clearance for properly
jointing pipe laid in rock shall be provided at bell holes.
(10)
Blocking and anchorages. Concrete reaction, or thrust blocking,
shall be provided for all valves, hydrants, bends, dead ends and wherever
else as may be determined by the Engineer.
(11)
Operating valves. The operation of all gate valves on existing
mains for making connections, tests or for any other cause shall be
done by the water improvement area, and sufficient notice shall be
given to the water improvement area by the contractor so that the
work may be done with a minimum of inconvenience to the public and
delay to the contractor.
(12)
Main taps. All taps to the main line are to be made by the water
improvement area under the direct supervision of the water improvement
area water superintendent or his representative.
(13)
Plastic markers. The contractor shall place polyethylene runners
to facilitate later location of the pipeline, approximately 12 inches
wide, a minimum of one foot above the crown of the pipe, throughout
the project. For water lines, the plastic will be translucent.
A.
Testing.
(1)
After the pipe is laid and after partial backfilling, the entire
length of the water main shall be tested under static pressure of
150 pounds per square inch or 1 1/2 times the working pressure,
whichever is greater. The section of pipe to be tested shall be filled
with water for a minimum period of 24 hours and then subjected to
the test.
(2)
Tests shall be under the direction of the engineer or his designee.
The contractor shall furnish a pressure gauge for measuring the pressure
on the water main and shall also furnish a suitable pump, pipes and
all appliances, labor, fuel and other appurtenances necessary to make
these tests. The test pressure shall be maintained for a sufficient
length of time to allow for a thorough examination of leakage where
necessary. In no case shall the length of the test be less than two
hours.
(3)
If any breaks or leaks develop or are discovered during the test,
the contractor shall repair the main at his own expense. No line will
be accepted until it has successfully passed the pressure and leakage
tests to the satisfaction of the engineer.
B.
Disinfecting mains.
(1)
Water mains shall be disinfected to the satisfaction of the engineer
and the Dutchess County Department of Health in accordance with AWWA
0601 (except 116-14) prior to being placed into service. Disinfected
water must lay in mains for a minimum of 24 hours before being thoroughly
flushed for usage.
(2)
The contractor shall furnish the necessary labor, equipment and material
required for such chlorination. The contractor shall furnish the necessary
labor for excavating and backfilling which will be required for the
chlorination work. Bacteriological examination of water samples, collected
after disinfection, shall be made by the Health Department. If the
test results show that the water is unfit for consumption, the disinfection
process shall continue (at the contractor's expense) until a potable
sample is achieved.
(3)
Following chlorination, all treated water shall be thoroughly flushed
from the newly laid pipe at its extremities until the replacement
water throughout its length shall, upon test, both chemically and
bacteriologically, be proven equal to the water quality served the
public from the existing water supply system.
A.
Gate valves.
(1)
All gate valves shall conform to the AWWA Specifications for Water
Valves, designated 0509, except as herein modified. Gate valves three
inches and larger in size shall be equal to AWWA gate valves Model
A-2360 as manufactured by the Mueller Corporation, or equal.
(2)
All gate valves three inches and larger in shall be of the iron-body
bronze-mounted, resilient wedge type, with non-rising bronze stem.
All valves (gate) shall be of the same size as the water main in which
they are to be installed.
(3)
All gate valves shall have a working pressure of 250 pounds per square
inch (psi). Valves shall be tested and certified to ANSI/NSF 61. Each
valve seat shall be factory tested at 250 psi and each valve shell
shall be factory tested at 500 psi.
(4)
All gate valves shall have non-rising stems. Stem shall be bronze
rolled bar stock with forged thrust collar. Valves shall open left.
(5)
Non-rising stem gate valves shall open left with a standard two-inch-square
operating nut. All valves shall be furnished with mechanical joint
ends complete with ductile iron retainer glands, high-strength low-alloy
steel tee bolts and nuts, rubber gaskets and required joint lubricant.
Mechanical joint ends shall conform to the latest version of ANSI
A21.11.
(6)
The body and bonnet of all gate valves shall have a wall thickness
conforming to AWWA 0509. Valves with a reduced wall thickness are
not acceptable. Bonnets shall have Type 304 stainless steel nuts and
bolts.
(7)
All gate valves shall be resilient wedge type, and be UL listed and
FM approved.
B.
Tapping sleeves and valves.
(1)
Tapping sleeves and valves shall be used for all connections six
inches and larger in size to any existing main where 10 or more domestic
services would be shut off if a tee or other connection were to be
made.
(2)
The tapping sleeves shall be properly sized to fit the existing mains
to which connections are to be made.
(3)
The sleeves shall be of the bolted type or rugged ductile iron construction
of ample strength for the service intended and shall be caulked with
lead the full length of the sleeve after attachment to the existing
main. The existing pipe shall be thoroughly cleaned prior to installation
of the tapping sleeve.
(4)
Tapping valves shall be not less than one size smaller than the diameter
of the existing main to which connection is to be made unless otherwise
permitted by the engineer.
(5)
The tapping valves shall meet AWWA Specifications for Gate Valves,
expect that oversized seat rings shall be provided to permit the use
of full-sized cutters through the face and drilled to ANSI 125 pound
standards. The valves shall be nut-operated and shall open by turning
to the left. Tapping valves shall be installed and open vertically.
C.
Valve boxes and covers. Valve boxes and covers shall be installed
over each vertically set, buried valve and elsewhere as directed.
Valve boxes and covers shall be of the adjustable type and shall be
equal to standard valve box No. F2450, of the required length, as
manufactured by the Clow Company. Valve box covers shall be of the
stay-put type (Clow F-2494) with the word "water" cast thereon in
raised block capital letters. Base size and extension piece length
shall be, as required, for each individual size and depth of bury.
D.
Corporation stops. A corporation stop shall be installed at each
service connection. All connections from corporation stops to copper
water services shall be made with compression fittings. Corporation
stops shall be as manufactured by the Mueller Company. Figure H-15008
or equal, with Mueller inlet thread and outlet for CTS O.D. tubing.
Service clamps (tapping saddles) shall be installed for all corporation
stops over one inch in size. Corporation stops shall be installed
on the upper half of the pipe either at the 10:00 or the 2:00 position
of the main. When more than one corporation stop must be installed
in a specific location, the corporation stops shall be installed at
least 12 inches apart. Only approved tapping equipment and experienced
operators shall be used.
E.
Curb stops and valve boxes. A Mueller Company H-1504-2 Oriseal III
or equal, curb valve with extension-type curb box H-10316 is to be
provided for each service. The curb valve and box shall be installed
within the road right-of-way outside of any pavement area.
The location and number of hydrants shall be approved by the
engineer.
A.
Size and type.
(1)
All hydrants shall be five inches in size, with six-inch mechanical
joint inlet connection, and shall be equal to Mueller Super Centurion
200 Hydrant No. A423 as manufactured by the Mueller Company.
(2)
Each hydrant shall have the name and maker and the year when made
and the size of the main valve opening cast upon it in raised letters.
(3)
Unless otherwise directed by the engineer, each hydrant shall be
fitted with one 4 1/4 inch National Standard thread steamer nozzle
and two 2 1/2 inch National Standard thread hose nozzles.
(4)
The main valve shall open by turning the counter in a clockwise direction
and shall open against the pressure. This valve shall be faced with
rubber, which shall seat against an accurately machined bronze seat.
(5)
The top cap of the hydrant shall be provided with a waste or drip
to prevent the cap from filling with water.
(6)
The hydrants shall be provided with automatically operated drainage
valves to permit drainage of the hydrant when the main valve is in
the closed position.
(7)
The head of the revolving nut, or operating nut and nozzle cap nuts
shall be of the exact dimensions of those in use in the water improvement
area.
(8)
The nozzle caps shall be secured to hydrants by means of galvanized
or cadmium-plated steel chain of not less thank one-eighth-inch-diameter
links.
(9)
The hydrant bottom, connecting pipe, head, packing dome, date, nozzle
cap and umbrella operating nub shall be made of cast iron.
(10)
All bolts and nuts shall be of the best quality of wrought iron
or steel, rustproof; the heads, nuts and threads shall be of standard
size. All joints shall be faced true and smooth so as to make a perfectly
watertight joint.
(11)
All castings, whether of iron or bronze, shall be of uniform
thickness in their several parts and shall be sound and smooth, without
cold shuts, sand holes or other defects of any description. All materials
shall conform to those as required by AWWA Specifications C502-64.
B.
Cleaning and painting.
(1)
All iron parts of the hydrant, inside and outside, shall be thoroughly
cleaned; and thereafter, all surfaces, inside and outside, except
the exterior portion above ground line, shall be shop painted with
two coats of asphalt varnish conforming to the requirements of Federal
Specification T1-V-51A or Army-Navy Specification JAN-P-450. The first
coat shall be allowed to dry thoroughly before the second coat is
applied.
(2)
The outside of the hydrant above the finished ground line shall be
thoroughly cleaned and, thereafter, painted in the shop with two coats
of paint of a durable and weatherproof composition conforming to Federal
Specification TT-P-86A (Type IV). The color or colors of finish paint
above the ground line shall be as required by the water improvement
area.
C.
Hydrostatic test.
(1)
After completion of fabrication, each hydrant shall be tested at
the shop, by hydraulic pressure, as follows: A pressure of 300 pounds
per square inch shall be applied to the body of the hydrant before
the protection case is put on; after the hydrant is assembled complete,
with a test elbow, a pressure of 300 pounds per square inch shall
be applied below the compression valve and 200 pounds per square inch
above the valve.
(2)
Any hydrant showing a sweating of the metal under any of these tests
or leaking at the valve or stuffing boxes or showing any other defects
shall be rejected.
D.
Hydrant connection. The connection from the water main to the hydrant
shall be six-inch-diameter ductile iron and shall be provided with
a six-inch gate valve and adjustable valve box and cover. The gate
valve serving the hydrant shall be installed within three feet of
the water main.
E.
Installation. Hydrants shall be set plumb on a poured concrete base
six inches thick, extending across the full width of the trench and
affording buttress support against the end wall of the trench. Weep
hole drainage shall be provided by means of one trench. Weep hole
drainage shall be provided by means of one cubic foot of coarse gravel
or crushed stone mixed with coarse sand. Hydrant installation shall
conform in all respects with AWWA Standard C600-64, Sections 11 and
12.
A.
Inspection and tests. All material and workmanship shall be subject
to inspection, examination and test by the engineer or authorized
water improvement area representative. The contractor shall submit
manufacturer's certifications, standards, fabrications, and working
drawings as required. Requests for changes in types of materials and
specifications must be submitted to the engineer, in writing.
B.
Final inspection. Final inspection and acceptance of the facilities
by the water improvement area shall be one year after completion of
construction. During the probationary period of one year, the contractor
is to remedy, at his expense, all defects in the work as may become
evident or as may be required by the water improvement area engineer.
Any noncompliance with the provisions of this chapter shall be deemed a violation punishable, upon conviction, by a fine as set forth in § 263-31 of this chapter.
A.
The rents for the use of water, and all charges in connections therewith,
shall be due and payable quarterly on schedules established by the
water billing department. Fractional parts of a quarter will be computed
from the day the meter is installed to the day of the quarterly reading.
No abatement of the minimum charge for water rents shall be made unless
water is shut off at the curb box.
[Amended 3-17-2022 by L.L. No. 2-2022]
B.
All water rents and other lawful charges in connection with the water
system shall be a lien upon the real estate where such water is supplied.
All penalties for the violation of any rules and regulations adopted,
if not paid when imposed, shall constitute a lien upon the real property
and premises in like manner as unpaid water rents.
C.
All water rents, penalties and other lawful charges remaining due
and unpaid at the time the annual tax roll of the water improvement
area is made up shall be included therein and levied against the real
property on which the water shall have been used, and shall be collected
with, and in the same manner as, other Town taxes with the additional
fees, charges, and penalties incident to the collection of such taxes.
D.
All water accounts shall be held by the property owner, not the agent
or tenant of the property. The water improvement area will send bills
and notices to the owner of the property, and they shall be responsible
for all water rents, charges and penalties. All charges and penalties
are a lien upon the property where the water is supplied and property
owners are responsible for payment thereof.
[Amended 3-17-2022 by L.L. No. 2-2022]
A.
The minimum rent per quarter, which includes rental of a water meter,
if any, shall be established by separate resolution of the Town.
B.
All water shall be billed at the rate per 1,000 gallons.
C.
The fee for permission to open streets, lanes, walkways and other
public grounds for the purpose of installing mains, services and other
appurtenances shall be subject to permission and fee as set by the
Town Superintendent of Highways.
D.
The charge for taps of three-fourths-inch and one-inch size shall
be established by resolution of the Town.
E.
All water rents, charges and penalties which are not paid by the
due date shall be subject to a penalty of 10% of the amount due.
F.
If all water rents, charges and penalties are not paid within 60
days after the due date, the Town shall mail to the owner, and if
previously directed to send bills and notices to an agent or tenant,
then to such agent or tenant, a notice of the arrearage containing
the total amount then due with notice and stating that unless paid
within five days after the date of mailing the notice, service will
be discontinued, and service shall not be restored until all charges
and penalties shall have been paid and further sum as set by resolution
shall have been paid for the restoration of service. The owner shall
be responsible for all water rents, charges and penalties even though
water, at the request of the owner, is billed to an agent or tenant.
[Amended 3-17-2022 by L.L. No. 2-2022]
Water use charges which are not paid within 30 days shall bear
a penalty of 10% per annum; if such amount remains unpaid, the Superintendent
shall certify the amount due and payable to the Town Board, which
shall levy the same as taxes and add such water user charge and penalties
to the succeeding tax roll of the Town. Such tax shall be collected
and enforced in the same manner and at the same time as provided for
the collection and enforcement of Town taxes, and it shall be the
duty of the Superintendent to charge and collect interest thereon
at the same rate specified for the collection of Town taxes. Such
water user charge shall constitute a lien upon the real property served
by such waterworks, and such lien shall be prior and superior to any
other lien or claim except the lien of an existing tax, assessment
or other lawful charge.
Water service shall not be turned on or off except by the Water
Department or its representative. No other person or persons shall
be permitted to turn any water service on or off at the curb or main
without its specific permission. There will be no charge for the first
turning on of the water, but should the Town Board or its agent turn
it off because of any delinquency on the part of the consumer, the
water will not be turned on again until all the charges and a fee
have been paid by the delinquent owner. Service turned on shall be
considered to be in use and subject to regular billing rates until
turned off in accord with the provisions stated in the preceding regulation.
Service may be discontinued by either party for any reason upon 30
days' written notice. Service will not be turned on until the Superintendent
has arranged for the correct name and address of the customer for
billing purposes. A service charge may be levied for turning on or
off service at the request of the property owner or by the water improvement
area. When water is turned off at the request of a consumer, no charge
will be made for turning water off, but a charge shall be made for
turning on the supply again. While so shut off at the curb box, no
minimum charge for water will be made. Such charges shall be established
by resolution of the Town.
A.
The Town reserves the right to suspend or discontinue, when the public
interest shall require it, the use of any water service, including
street mains, and also to shut off the water for repairs or alterations
of the street mains or service mains or for other purposes and to
keep it shut off as long as may be necessary.
B.
Neither the Town nor any of its officers or agents, nor the Town
water improvement area, shall be held responsible or be responsible
to consumers for any damages which may result from or be caused by
shutting off the water, even when no notice is given, and no deduction
from water bills shall occur in consequence thereof. No claim shall
be made against the Town or the improvement area for any damages arising
from the bursting or breaking of any street main or service pipe,
or any fixture or attachment thereto wherever situated, or from the
failure to diminution of the water supply, whatever the cause thereof.
A.
If an owner has any source of water other than from the Town public
water system, such source will be considered nonpotable. The NYSDOH
requires a physical disconnection from existing individual water wells
to the piping connecting to a public water supply system. The purpose
of this requirement is the elimination of potential backsiphonage
and possible contamination of the public water supply.
B.
Under no circumstances, including valving, check valves, vacuum breakers
and other devices, shall a direct connection be made, or permitted,
between a privately owned water well and the public water supply.
Before making any service connection between the Town public water
supply and a consumer's premises, it may be required that all connections
between individual wells, or other outside sources of supply, physically
be disconnected from the consumer's plumbing fixtures which are connected
to the Town potable water supply.
C.
Inspections shall be made by the Town Water Department to assure
that this requirement has been carried out. Violators of this requirement
shall be immediately shut- off at the curb stop. Service to violators
shall not be returned until compliance with this section has been
met.
D.
Other potential contaminants.
(1)
The Town shall require protection against the possibility of backsiphonage
in any area deemed appropriate. This shall include, but not be limited
to, cross- or interconnections with sewers, areas where hazardous
chemicals are used, manufacturing plants, and any other contaminant
considered to be a potential threat to the public water supply.
(2)
The degree of protection required shall be contingent upon the severity
of the situation and may require an air gap, reduced pressure zone
device, double check valve assembly or other measure and shall be
consistent with the requirements of the NYSDOH.
No person shall obstruct access to any fire hydrant, stopcock
or curb box connected with the water mains or service mains or pipes
in any street by placing thereon any building materials, rubbish or
other hindrances.
Any damage to the corporation valve, service line, curb valve,
curb box or water meter installation, occurring prior to completion
of construction, grading and permanent occupancy, shall, at the direction
of the engineer, be repaired, replaced or paid for by the owner or
builder before water service to the premises is permanently turned
on.
Water used for building purposes shall be charged to the owner
of the property. The amount consumed shall be metered or estimated
by the Town or its duly authorized representative, at its option.
Water turned on for purposes other than occupancy or construction,
such as maintaining a heating system, etc., shall be considered as
permanent service and subject to existing rate and billing-payment
schedules.
A.
No water main shall be tapped, nor any service main extended, outside
the boundaries of any water improvement area, except on special application
therefor filed with the Town and a special permit therefor granted
and issued by the Town. The Town shall impose such conditions upon
the granting of the permit as shall be deemed fitting and proper by
it, and shall impose and collect such water rents and charges for
such water service as it deems appropriate.
B.
Each outside user will be subject to a minimum connection fee as
per the Town's fee schedule, which is to be paid in full prior to
the Town issuing approval and/or a building permit. All additional
costs associated with Town review of the application, approval of
the design drawings and specifications by the Town Engineer and attorney
fees shall be paid for by the owner. All costs associated with connecting
to the Town system will be paid for by the owner.
C.
Extending water service outside of the Town water service area is
not guaranteed and each application will be handled on a case-by-case
basis. The Town will review each application with regards to the impact
on the existing system.
D.
Additional charges or donations may be collected as deemed in the
best interest of the Town based on a determination of the Town Board.
The Town Board shall determine, after consulting with the Town
Water and Sewer Superintendent, if a condition of water shortage exists
with those portions of the Town whose water is provided through a
Town water improvement area. Upon such determination, the Town shall,
at a regular or special meeting, declare by resolution, a water shortage
and impose a prohibition of water usage. The prohibition shall continue
until further resolution of the Town Board.
A.
The use of water at any premises or facility shall be consistent
with the generally understood intent for use. Water used for the prevention
of freezing in piping shall generally be discouraged, but may be permitted,
provided that the Town Water Superintendent agrees to the concept
and all water run for this purpose is metered.
B.
Water used to flush sewers or soil pipes shall be done only under
direct supervision of the Town Water Department and shall be performed
in a manner acceptable to the Town Water Department and so as not
to provide a cross-connection or interconnection of any kind.
C.
No water shall be used from any public main unless the same is metered
(except for fire-fighting usage), without the knowledge and permission
of the Town Water Department. Arrangements shall be made to accurately
ascertain the amount used. Payment for same, if required, shall be
made based upon such determination.
D.
The Town reserves the right to limit the amount of water furnished
to any customer should circumstances warrant such action, without
prior agreement, or may discontinue or interrupt water used for manufacturing,
water-cooled equipment, lawn sprinkling, or gardening purposes.
E.
Commercial and industrial usage shall be subject to review and limitation
according to usage requirements and the availability of water with
the existing supply, storage, and transmission facilities.
F.
Interruptions in service caused by emergencies will occur from time
to time. Prior notification of such interruptions will be attempted,
but shall not be the responsibility of the Town, and the right is
reserved by the Town to repair mains as needed.
G.
When there has been a declaration of water shortage pursuant to the
procedures outlined above, it shall be unlawful for any person to
use water obtained from a water improvement area system within the
Town for any of the following purposes:
(1)
The use of hoses, sprinklers or other means for sprinkling or watering
of shrubbery, trees, lawns or grass.
(2)
The use of water for washing automobiles, trucks, trailers, trailer
houses, or any other type of mobile equipment.
(3)
The washing of streets, sidewalks, driveways, parking lots or service
station aprons.
(4)
The use of water for filling swimming pools or wading pools.
(5)
The use of water from fire hydrants for any purpose other than fire
suppression.
(6)
Any other use of water for outdoor recreational purposes.
(7)
Such other nonessential uses as determined by the Town Board by resolution
and published in the following.
Notice of the declaration of water shortage and prohibited uses
shall be published twice in two newspapers of general circulation
within the Town within 14 days following the declaration. The restrictions
on water usage shall become effective at 12:01 a.m. of the day following
the last required publication pursuant to this section.
A.
Fluctuation in pressure. The Town shall not be held responsible for
any damages done due to fluctuation in the pressure within the distribution
system.
B.
Disruption in water service. Notification to customers of water outages,
due to routine construction or other scheduled or planned work, will
be made by the Town Water Department whenever possible. Emergencies
must be repaired immediately and do not require notification. The
Town assumes no responsibility to provide water under emergency conditions.
Emergencies include outages due to a break in a water main, pumping
equipment failure, war, and Acts of God.
It shall be the obligation of the owner to allow ready access
within reasonable hours for the Town Water Department to make routine
inspections, perform functions related to the water service, read
meters, etc., to all premises being supplied with water.
A.
No water may be used from any fire hydrants or fire standpipes by
other than duly authorized fire company personnel in connection with
their fire company activities without the express permission of the
Water Superintendent.
B.
No hydrant, valve, or other property of the Town shall be used without
permission of the Town Water Department. The use, and manner of use,
shall be described to the Town Water Department in writing. The use
of the facility shall be limited to that usage approved.
A.
A violation of this chapter is an offense punishable by fine not
exceeding $350 or imprisonment for a period not to exceed 15 days,
or both, for conviction of a first offense. Commission of a second
offense committed within five years of the first offense is punishable
by a fine of not less than $350 nor more than $700, or imprisonment
for a period not to exceed 15 days, or both. Conviction of a third
offense committed within a period of five years is punishable by a
fine of not less than $700 nor more than $1,000, or imprisonment for
a period not to exceed 15 days, or both. Each week's continued violation
shall constitute a separate additional violation.
B.
In addition, any person who violates any provision of these rules
and regulations or who fails to do any act required thereby shall,
for each and every such violation, pay a civil penalty of not more
than $250. When a violation of any of the provisions of the rules
and regulations is continuous, each day thereof shall continue a separate
and distinct violation subjecting the offender to an additional civil
penalty.
C.
The imposition of penalties for any violation of these rules and regulations shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of these rules and regulations shall not prevent the abatement of a violation pursuant to § 263-32, Enforcement. The expenses of the Town in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender and may be recovered in a civil court of appropriate jurisdiction.
A.
In order to determine compliance with these rules and regulations,
the Superintendent of Water and/or the Town Building Inspector, and/or
any other official appointed by the Town Board (hereinafter "enforcement
officer") to enforce these rules and regulations is authorized to
the extent permitted by law to enter, inspect and examine any building,
structure, place, premises or use in the Town of Pine Plains.
B.
Upon finding any construction, improvements or use to be in violation
of these rules and regulations, the enforcement officer shall send
a written notice of violation by registered or certified mail to the
property owner and, if applicable, to the tenants of the property
on which the alleged violation occurs, describing the alleged violation.
A copy of the notice shall be sent to the Town Clerk. The notice shall
be deemed to be properly given if addressed to the owner of the property
at the address for the property owners appearing on the then-current
tax rolls for the Town of Pine Plains and to the tenants of the property
at the property address. The notice of violation shall require an
answer or correction of the alleged violation to the satisfaction
of the enforcement officer within a reasonable time period set by
the enforcement officer. The notice shall state that failure to reply
or to correct the alleged violation to the satisfaction of the enforcement
officer within the prescribed time limit shall constitute an admission
of the violation of these rules and regulations. The notice shall
further state that upon request of those to whom it is directed, technical
determinations of the nature and extent of the violation as alleged
will be made and that if a violation as alleged is found, costs of
such determinations will be charged against those responsible, in
addition to such other penalties as may be prescribed by these rules
and regulations and, if it is determined that no violation exists,
the cost of such determination will be borne by the Town.
C.
If within the time period prescribed there is no reply, but the alleged
violation is corrected to the satisfaction of the enforcement officer,
the notation "Violation Corrected" shall be made on the enforcement
officer's official copy of the notice.
D.
If there is no reply within the time period set (thus establishing
admission of a violation of these rules and regulations), and the
alleged violation is not corrected to the satisfaction of the enforcement
officer within the time period prescribed, the enforcement officer
shall take action in accordance with provisions set forth hereinafter.
E.
A permanent record of all notices of violation and their disposition
shall be kept in the offices of the enforcement officer.
F.
The enforcement officer may issue a stop-work or cease-and-desist
order and/or institute appropriate legal action or proceedings to
prevent, restrain, correct and/or abate any violation of these rules
and regulations, to prevent the occupancy of the premises or to prevent
any activity, business or use that violates these rules and regulations.
Such legal action may include the issuance of an appearance ticket
pursuant to Criminal Procedure Law § 150.20, as the same
may be amended.
G.
The Town Board may authorize the Town Attorney or Attorney to the
Town to institute appropriate civil proceedings for injunctive relief
or abatement of the violation in the Supreme Court, Dutchess County.
The Town reserves the right to change, modify, supplement or
amend this chapter and, by resolution, the rates and charges for the
use of water from time to time.
The provisions of this chapter shall supersede the provisions
of Local Law No. 5 of 1991, and shall, to the extent inconsistent
with the provisions of this chapter, supersede Town Law §§ 130,
135 and 189 and General Municipal Law § 50-e.
