The procedures to be followed by applicants in the Town who
propose to install new waterworks shall be in accordance with the
rules and regulations of the Department and as enumerated in the following
subsections:
A. Independent water districts shall be prohibited within the Town.
Instead, any proposed district or district extension, either municipally
or developer-initiated, shall become part of the Town's Consolidated
Water District.
B. Any large-scale development project within 1/2 mile of existing municipal
water infrastructure shall be required to connect to said facilities
and shall become part of the Town's Consolidated Water District.
C. The applicant or their engineer shall furnish the Department with
two prints of the proposed overall development plan on which will
be indicated the size of the water mains and appurtenances along with
construction specifications, in writing, which should be consistent
with the requirements of the Department. The Department shall furnish
to the applicant the Department's requirements regarding materials
of construction and specifications for pipe, fittings, valves, hydrants,
and appurtenances along with any special conditions regarding installations.
After this plan has been approved by the Department, one copy will
be filed with said Department. Maps shall be 24 inches by 36 inches
in size and drawn to scale. The Department reserves the right to require
an engineering report for any application. The applicant is also required
to determine whether review and approval by the New York State Department
of Health is required, and complete such review if necessary, and
provide copies of any relevant correspondence with the NYS Department
of Health to the Department.
D. The applicant shall estimate the required flows for their projects based on 100 gpd per bedroom for residential projects. Commercial projects shall estimate flows based on industry standards subject to review and revision as the Department requires. The applicant shall purchase reserve capacity for their project based on these estimates. These fees shall be as described in Article
VII and shall be collected in full by the Town within 30 days of receiving conditional or final Planning Board approval.
E. Upon completion, two record plans of the completed installation shall
be furnished to the Department by the applicant in a form acceptable
to the Department.
F. Upon completion of construction, any public water main must be turned
over to the Town. Before the Town takes over a water system installed
in a private development, the developer must transfer its right, title,
interest, and ownership to the Town for the nominal consideration
of $1 before the Town will accept ownership or maintenance jurisdiction.
The Town must be furnished with satisfactory proof that either the
streets in which the water mains are laid have been dedicated and
accepted by the proper public authority or provided with evidence
that instruments granting easements to the Town, in a form to be recorded
in the Saratoga County Clerk's Office, with a satisfactory title company
certificate, have been executed by all owners and mortgagees or other
lien holders.
G. Construction of any public water main shall be supervised and inspected
by the Department or a professional engineer employed by the Town
at the applicant's cost. The Town will not accept maintenance jurisdiction
of any main inspected by an engineer working for the applicant. All
expenses of installation, inspection, and supervision of new water
mains and appurtenances shall be borne by the applicant.
The contractor, or any other person or entity designated by
the applicant, will be considered the agent of applicant while employed
in the prosecution of the work of introducing water into such premises
and in no sense as the agent of the Department or the Town. The Town
will not be responsible for the acts of such a person.
All new waterworks, after final approval by the Department and
acceptance by the Town Board, shall become the property of the Town
and shall thereafter be maintained by the Town. Said waterworks, after
acceptance by the Town, shall be guaranteed for one year by the applicant
or contractor upon certification by the engineer that all work has
been completed in accordance with the permit and that all other conditions,
if any, imposed by the Department have been satisfied. The guarantee
shall be in such form and contain such provisions as provided for
by the Town. A payment and performance bond or certified check in
the amount of 10% of the total cost of the project shall be retained
by the Town for a period of one year. Said bond or check will be released
to the applicant or contractor after the conclusion of the warranty
period.
Whenever any street or public grounds shall be opened for the
purpose of making a connection with the mains or for laying any water
lines or fixtures, public safety and convenience shall be duly regarded,
and the street or public place shall be restored to its original condition
as soon as possible, and all work must conform to the safety requirements
as set forth by the State of New York and the Occupational Safety
and Health Administration (OSHA).