Town of New Windsor, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Windsor 6-4-1997 by L.L. No. 3-1997 (Ch. 46 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 130.
Flood damage prevention — See Ch. 151.
Sewers — See Ch. 240.
Streets and sidewalks — See Ch. 252.
Subdivision of land — See Ch. 257.
A Water Superintendent shall be appointed for the Town of New Windsor Consolidated Water District, as the Town Board may determine, who, on behalf of the Town Board, shall have general supervision of the operation of the water system. In place and stead of a Water Superintendent, the Town Board designates the Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person or corporation shall use the water supplied by the Consolidated Water District for any purpose whatsoever without having first obtained a permit, after having first paid the charges pertaining to the introduction of water to the premises.
B. 
All applications for introduction of water to any property or for the use of water shall be made upon a form furnished by the Town and shall be signed by the owner or contractor engaged by the owner. Such application shall contain a statement of all uses for which water is desired, and a use of water for any purpose other than mentioned in the application shall be sufficient cause to justify discontinuance of water service.
The purpose of this section is to safeguard the municipal water supply from potential contamination by preventing backflow from a water user into the Town of New Windsor municipal water supply system. The adoption of this section will enable the Town of New Windsor to comply with the requirements of the New York State Sanitary Code, Part 5, Section 5-1-1.31, and, in some cases, supersede the requirements of the state code. The safeguarding shall be accomplished by a requirement for the installation by the owner of the premises of an approved air-gap separation, reduced-pressure zone (RPZ) device or a double-check valve assembly (DCVA), all as defined in § 287-36, consistent with the degree of hazard posed by a service connection from the premises to the municipal water supply system.
A. 
Facilities requiring cross-connection control devices as designated:
(1) 
Hazardous facilities requiring air-gap separation or reduced-pressure zone (RPZ) device.
(a) 
Sewage and industrial wastewater treatment plants and pumping stations; sewer flushers.
(b) 
Paper manufacturing or processing; dye plants; petroleum processing; printing plant; chemical manufacturing or processing; industrial fluid systems; steam generation; rubber processing; tanneries.
(c) 
Canneries; breweries; food processing; milk processing; ice manufacturing; meat packers; poultry processing; rendering companies.
(d) 
Hospitals; clinics; laboratories; medical office buildings; veterinary hospitals; mortuaries; embalmers.
(e) 
Airports; aircraft hangers; passenger and freight terminals; trucking terminals; shipyards; marinas.
(f) 
Metal-plating; photo-processing; laundries; commercial car washes; commercial refrigeration systems; dry-cleaning establishments.
(g) 
Commercial greenhouses; spraying and irrigation systems using weedicides or herbicides; exterminators.
(h) 
Boiler systems; cooling towers or internal fire-fighting systems using conditioners, inhibitors or corrosion-control chemicals (typically: apartment buildings, cooling towers and warehouses).
(i) 
Residential units with lawn and irrigation system with chemical injection.
(j) 
Any building or premises on which there exists an auxiliary water supply which is not separated from the municipal water supply system.
(2) 
Aesthetically objectionable facilities requiring double-check valve assembly (DCVA).
(a) 
Customer fire-protection loops; fire storage tanks with no chemical additives.
(b) 
High-temperature potable water.
(c) 
Utilization of food-grade dyes.
(d) 
Complex plumbing systems in commercial buildings (typically: barbershops, beauty salons, churches, apartment buildings, gas stations, supermarkets, nursing homes, construction sites and carnivals).
(e) 
Residential units with lawn and irrigation systems.
(f) 
Industrial, commercial, professional and business facilities which receive a building permit after the effective date of this chapter.
(g) 
Existing residential and nonresidential buildings containing an auxiliary water supply in a separate piping system (i.e., a well) with no known cross-connection to the municipal water supply system.
(h) 
Existing residential and nonresidential buildings containing an internal cross-connection of any type to the municipal water supply system.
B. 
Nonhazardous facilities not requiring a cross-connection control device:
(1) 
All residences, up to four units, except those containing an auxiliary water supply, an internal cross-connection to a municipal water supply system or a lawn irrigation system.
(2) 
All business, professional and commercial establishments, whose use of the municipal water supply system is restricted to drinking and toilet purposes for employees and customers, except those containing an auxiliary water supply, an internal cross-connection to a municipal water supply system or a lawn or irrigation system service or water meters.
(3) 
The Water Superintendent or designee with the assistance of the engineer for the Town shall evaluate any facility which is not listed above, and make a determination as to the category and requirements for installation of a cross-connection protection device.
C. 
Approval of cross-connection control devices. The Water Superintendent or designee with the assistance of the engineer for the Town shall have the responsibility for approving each cross-connection control device, on the basis of catalog or other professional information submitted to the Code Enforcement Officer. The installation of an air-gap separation device, RPZ or DCVA requires prior plan approval from the Orange County Health Department or the New York State Health Department prior to installation, and documentation of such approval shall be provided to the Code Enforcement Officer. The design and installation of an acceptable cross-connection control device hookup must be in accordance with New York State laws and regulations.
D. 
Testing requirement.
(1) 
The testing of every cross-connection control device required shall be performed on initial installation and on an annual basis by a certified inspector, and the cost shall be borne by the owner of the premises. The tests shall be performed by a New York State certified tester on file with the Orange County Health Department.
(2) 
The owner shall send a certified copy of all test results to the Code Enforcement Officer. Residential dwellings of four units shall be exempt from this annual requirement, as are certain businesses under § 287-3B above.
(3) 
Certifications of such tests, as well as records of repairs and overhaul of the devices, shall be maintained at the premises for a period of 10 years and shall be made available to the Code Enforcement Officer, as well as the Orange County and New York State Health Departments, upon request. In the case of nonresidential buildings which are subject to annual inspection by the Code Enforcement Officer, the Code Enforcement Officer shall check the certification of the cross-connection control device by a certified inspector.
[Amended 4-1-2020 by L.L. No. 2-2020]
A. 
Permanent water service is to be rendered through a water meter only.
B. 
In order that there is uniformity in make and design of the water meters used throughout the Town of New Windsor Consolidated Water District, and to afford the greatest efficiency in operation, billing and maintenance for same, all such meters are to be of a make and design that is approved by the Water Superintendent or the designee appointed by the Town Board to perform the duties and responsibilities of the Water Superintendent.
C. 
All water meters are to be procured from the Town of New Windsor.
D. 
All water meters shall be sealed by the Water Superintendent or the aforementioned designee, or their agent or representative. Any person or property owner who removes such seal shall be subject to penalty in accordance with § 287-34 below.
E. 
Any person or property owner who does not permit the Town, or any representative acting on behalf of the Town, access to a water meter for it to be read, inspected, changed, modified, upgraded, altered, maintained or replaced, shall be subject to nonrefundable surcharges on their water bills in accordance with § 287-6F below.
Each dwelling or building, or parts thereof having unrelated occupancy or distinctive use, shall at the option of the Water Superintendent have a separate meter.
[Amended 5-5-2004 by L.L. No. 1-2004; 4-1-2020 by L.L. No. 2-2020]
A. 
The Town, is responsible for the repair and replacement of all water meters up to and including one inch in size. All water meters over one inch in size are the responsibility of the property owner.
B. 
Water service lines up to and including one inch in size are the responsibility of the Town for repairs up to the curb valve (but not including the curb valve). All property owners are responsible for the curb valve and service line to any building receiving service on their property.
C. 
All property owners are responsible for the entire service line, up to the water main, for any services above one inch in diameter.
D. 
After installation of a water meter of any size, no person shall make any attachment to or connection with any of the pipes or mains of the Consolidated Water District nor make any repairs, additions or alterations to the service piper, except on the consumer's side of the meter, unless such person is an employee of the Town, or a person or corporation authorized to do so by the Water Superintendent or designee appointed by the Town Board to perform the duties and responsibilities of the Water Superintendent.
E. 
All water meters shall be kept accessible and free from obstruction at all times. Any reasonable request by the Town, or any representative of the Town, for access to a water meter in order to read, inspect, change, modify, upgrade, alter, maintain or replace same, must be granted by the property owner or anyone occupying the property. If the Town, or any representative of the Town, seeking such access to a water meter, is denied access or unable to obtain access due to it being inaccessible or obstructed, notice shall be provided to the owner of the property where the water meter is located advising that access must be provided. Notice shall be deemed effective upon the postmarked date said notice is placed in the mail after a copy of same is also affixed to the front door of the premises. Such mailing is to be made via certified mail, return receipt requested, to the address listed on the Town of New Windsor tax rolls. Within 10 calendar days from the effective date of such mailing, the property owner shall remedy, at the property owner's sole expense, whatever issue may be keeping the Town from gaining access to the water meter and notify the Town's Water Department that the issue has been resolved and an appointment can be made for the Town to perform whatever service is needed to the meter.
F. 
If the owner of the property fails to comply with § 287-4E above, or any notice provided in compliance with § 287-6E above, a nonrefundable surcharge will be added to the property owner's water bill for the quarter of such noncompliance. Additional surcharges will be added to the property owner's water bill in subsequent quarters as well, until such time as the noncompliance ceases. These quarterly surcharges shall be in an amount fixed by resolution of the Town Board in its Standard Schedule of Fees. These surcharges may be in an amount up to two times the estimated water usage attributable to the subject water meter or property during the quarter of initial noncompliance and any subsequent quarter of noncompliance. Such surcharges m ay be waived by the Town Supervisor, for good cause shown. Failure to comply with this section shall be considered a violation of the provisions of this chapter and the property owner shall be subject to the provisions of §§ 287-31, 287-32, 287-33, and 287-34 herein, and all other applicable laws.
[1]
Editor's Note: Former § 287-7, Repairs and subsequent connections, was repealed 4-1-2020 by L.L. No. 2-2020.
A. 
Service pipes shall be laid at least four feet below the surface of the ground at all points. The curb cock shall be installed between the right-of-way line and the edge of the road or curbline. The meter shall be installed within the building to be served, as close as practicable to the point where the service pipe enters, unless otherwise permitted, and shall be set with the inlet and outlet in a horizontal line with the register on top and shall be so located as to be readily accessible at all times for reading, inspection or repair. A stop valve shall be provided within the building on the inlet side of the meter. Provision shall be made to prevent hot water from reaching the meter. No red or white lead or joint compound shall be used on joints between the main and the meter. No tee or other fitting through which water can be taken will be permitted on the service pipe between the main and the meter. Meters may be set outside of buildings in underground pits only by permission of the Water Superintendent at the expense of the property owner; and, in such cases, the construction of the pit and the method of setting the meter shall conform to directions which will be furnished by the Water Superintendent.
B. 
All meters shall be installed with a remote reading device located so as to be readily accessible from the outside of the building or underground pit.
A. 
All curb boxes shall be maintained at grade, and any curb box projecting above grade or lower than grade shall be corrected to grade level by the property owner and, upon failure by such owner to do so after 30 days' notice to do so by the Water Superintendent, may be corrected by the Consolidated Water District, and the cost shall be borne by the property owner.
B. 
After installations are made, no change in ground elevation above the service pipe on the consumer's side of the curb box or at the curb box shall be made without the written consent of the Water Superintendent; and in the event that such change in grade shall require the lowering of the service pipe or the raising or lowering of the curb box to grade, the cost shall be borne by the property owner. In the event that such change shall require that the water be shut off, a charge will be made and paid by the property owner to the Consolidated Water District for costs incurred.
Service pipes and meters and the appurtenances thereto shall be kept in good repair and protected from the frost by the consumer at his own expense.
A stopcock or waste cock shall be provided by each new water service within the building, so located that all piping on the consumer's side of the meter can be drained whenever necessary. The Consolidated Water District assumes no responsibility where installations do not comply with this section.
In case a house or other building is to be closed or become vacant, notice thereof should be given the Water Superintendent in order that the meter may be read and curb cock closed. Where such notice is not given and pipes burst from freezing or other cause, the value of water lost by reason thereof, as metered or estimated by the Water Superintendent, together with the additional sum to cover labor and expense to the Consolidated Water District, shall be handled by a special billing by the Consolidated Water District.
Where a new connection is made with street mains and where new extensions or attachments are made in unoccupied houses, the curb cock shall be closed by the person making the connection, extension or attachment. Notice of the completion of the work shall be given the Water Superintendent, and the curb cock shall not again be opened until the work has been inspected and approved by the Water Superintendent and the meter read. Pipes and connections between the main and meter shall not be covered until so inspected and approved.
A. 
Any person or corporation may make application to the Water Superintendent for the purposes set forth in § 287-5.
B. 
All applications for permits shall include an agreement on the part of the owner that he will comply with these regulations, rules and ordinances and will pay to the Consolidated Water District all fees, penalties or other charges required hereby in consequence of the work undertaken. A charge per square foot for restoring the roads to their original condition by the Highway Superintendent will be included in the application fee. This charge shall be established by the Town Board and may be subject to change. The Water Superintendent may, in its discretion, grant or deny such application.
No street or public place shall be opened by any person for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, unless permission shall have been granted pursuant to a road opening permit. Any installation made within the limits of a public street or highway shall be the property of the Consolidated Water District.
Whenever any street or public place shall have been opened for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, the applicant shall have proper regard for public safety and convenience and shall notify the Highway Superintendent when backfill is completed so that the applicant may restore the street or place to its original condition. Open trenches shall be backfilled at the end of each workday or otherwise secured and guarded with barricades and sufficient warning lights or flares shall be displayed at night by the applicant. The road must be kept open for traffic at all times during construction.
Notice in writing delivered to the Water Superintendent office at least 10 days before the quarterly billing date shall be required in all cases of applications for discontinuance of water service. Otherwise, the consumer shall be liable for the minimum charge for the following quarter-year.
When water is required for use in connection with building construction, application shall be made to the Water Superintendent. All applicants shall deposit such sum as the Water Superintendent shall deem sufficient to pay for water to be used. Such charges shall be paid in advance. Where, after installation and commencement of the use of water, in the opinion of the Water Superintendent, more water is used or will be used than is covered by the deposit, he may then require a further deposit, in default of which he may discontinue service when the amount of water charges and other Consolidated Water District charges equal the amount of the deposit.
Persons or corporations desiring to use water for construction purposes, other than mentioned in § 287-18, shall make application setting forth the name and address of the applicant, the object and purpose of the use of water and the quantity estimated to be needed and shall give such other information as the Water Superintendent shall require. If such application is granted, the supply of water shall be furnished as the Consolidated Water District shall allow and the charge shall be established by the Water Superintendent. A meter shall be furnished by the Consolidated Water District for the use of which a reasonable deposit will be required.
Except with the permission of the Water Superintendent, water for construction purposes shall not be taken from any service connection used for any other purpose whether or not on the same premises or from any main or hydrant.
A. 
No person shall open, interfere with or draw water from any fire hydrant in the Consolidated Water District without permit from the district therefor, except that hydrants may be opened by or on the order of any member of a fire department or any fire commissioner or fire inspector within the Consolidated Water District.
B. 
Whenever a hydrant has been opened and used, notification of such fact and an estimate of the quantity of water used shall be promptly given the Water Superintendent.
C. 
No tools or implements shall be used to open hydrants, except such as are furnished by the Consolidated Water District or by a fire department operating within the Water District.
Where water has been turned off at the curb cock by the Water Superintendent, the water may only be turned on again by the Water Superintendent or designee.
In all places where steam boilers or hot-water tanks are supplied with water from the water system, the owner must install a suitable safety valve, pressure reducing valve, vacuum valve or other proper device, to prevent damage from collapse or explosion when water is shut off. The Consolidated Water District shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Service pipes and fittings, corporation cocks, curb cocks, curb boxes, meters, meter settings and backflow prevention devices shall conform to such standards and shall be of such make and type and shall be of such size as the Water Superintendent or designee deems proper. Service pipes from the street main to the meter, less than two inches in diameter, shall be of pure, seamless, soft-tempered K copper tubing with compression bronze fittings. Tubing shall be of the following thickness:[1]
Nominal Pipe Size
Outside
Diameter Of Tubing
Gauge
(B.W.G.)
 3/4 inch
 7/8 inch
16
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
On all new applications, meters shall be equipped with remote readers by the Water Department.
C. 
See also Chapter 142, Fire Prevention, § 142-12, Fire hydrants; water main lines.
Subject to change, a Standard Schedule of Fees shall be established by the Town Board.[1]
[1]
Editor's Note: See Ch. 137, Fees.
[Amended 4-1-2020 by L.L. No. 2-2020]
Bills for water services shall become due and payable to the District, at such place and to such person as designated by the Town Board, and shall be rendered for such billing periods as the Receiver of Taxes shall designate. If bills are not paid within 30 days after the billing date designated ay the Receiver of Taxes, a penalty of 10% will be added and the water service to the real property upon which the water is used may be cut off by order of the Water Superintendent, or designee, and the Town Supervisor upon 30 days' written notice to the property owner of record in the office of the Town Assessor.
A. 
The corporation cock, curb cock and box and service pipe from the street main to a point between the street right-of-way and edge of road or curb line shall be installed by the owner. It is the responsibility of the property owner to provide and pay for all work done and material shed in the completion of the service-connection line from the curb cock to the meter placed on the service line. The service pipes and fittings and the meter settings shall be of a make, size and pattern determined by the Water Superintendent, with the installation of all of these items to be made under these rules, regulations and ordinances and under the direction of the Water Superintendent.
B. 
After an application for service has been approved by the Water Superintendent; the permit to open the road obtained from the Highway Superintendent or Town Clerk, as applicable, and the installation charge or deposit remitted by the applicant; and appropriate liability insurance procured as established by the Highway Superintendent and Attorney for the Town, the property owner may excavate the trench to his property line and may, under the supervision of the Water Superintendent or his designee, install and complete the line to the meter.
C. 
Any damage to service pipes or water mains resulting from excavation or the backfill shall be paid for by the property owner. In the event that the road is paved, the cost of replacing the pavement will be included in the original installation charge and the work done by the owner. Such road shall remain open for traffic at all times.
The Consolidated Water District of the Town of New Windsor is the municipal water supplier for lands in the Town of New Windsor. No lands in the Town of New Windsor shall be connected to any out-of-Town water system, municipal or private, without the approval of the Town Board by resolution. When water service becomes available to such lands via the Consolidated Water District, then such lands may be ordered to disconnect from the out-of-Town supplier and ordered to connect to the Consolidated Water District, on the order of the Water Superintendent and at the expense of the owner.
The Water Superintendent or his authorized agents shall have full power to enter the premises of any consumer, at all reasonable hours and on reasonable notice, if practicable, to read meter or to examine fixtures, plumbing and manner of using water.
The Consolidated Water District or Town of New Windsor shall not be liable for any damage or loss of any name or kind to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatsoever.
The Consolidated Water District reserves the right to limit the amount of water furnished to any consumer should circumstances warrant such action; or the Consolidated Water District may entirely shut off the water supply used for any manufacturing purposes; or the Water Superintendent may direct the nonuse of the water supply for lawn sprinkling or pool filling at any time by giving reasonable notice by publication or personal service of a notice to the owner or water user.
[Amended 4-1-2020 by L.L. No. 2-2020]
Whenever any of the provisions of this chapter are violated, the water supply may, in the discretion of the Water Superintendent or designee appointed by the Town Board to perform the duties and responsibilities of the Water Superintendent, be shut off and the meter removed.
[Amended 4-1-2020 by L.L. No. 2-2020]
Unpaid water rents, charges, surcharges and penalties thereon shall be a lien upon the real property upon which the water is used, and added to the taxes.
[Amended 5-5-2004 by L.L. No. 1-2004]
Each violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by a fine not less than $250 and not more than $1,000 or by imprisonment not exceeding one year, or both, for each offense. Each day of a continuous violation shall be considered a separate offense. A director, officer, agent or employee of any corporation found guilty of violating any of the foregoing sections shall be subject to the penalties prescribed herein.
The Town Board shall establish meter rates, fire protection and hydrant installation and maintenance rates, water consumption rates and any other applicable rates annually or from time to time by resolution or local law filed in the Town Clerk's office.
As used in this chapter, the following terms shall have the meanings indicated:
AIR-GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.
AUXILIARY WATER SUPPLY
Any water supply on or available to the building premises other than the municipal water supply.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who presents proof of satisfactory completion of a training course for tests of backflow devices which has been approved by the New York State Department of Health.
DOUBLE-CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly, and suitable leak detector drains, plus connections available for testing the water tightness of each check valve. The check valve shall be designed to seat readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze composition or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g. clapper, shall be internally weighted or otherwise, internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
MUNICIPAL WATER SUPPLY SYSTEM
The Town of New Windsor water supply system which is also known as the "New Windsor Consolidated Water District."
REDUCED-PRESSURE ZONE (RPZ) DEVICE
A minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than the supply pressure, The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.
WATER USER
The owner or tenant of the building or premises which draws the water from the municipal water supply system.
[Added 5-8-2013 by L.L. No. 1-2013]
A. 
Purpose. The intent of this section is to restrict the wasteful, inefficient or nonessential use of water, especially during periods of shortage or reduced access to water from the New York City Catskill and/or Delaware Aqueduct(s), to provide measures for increasing public awareness of the need to conserve water not only during such shortages but at all times, to establish penalties for violations and to provide for enforcement of water conservation measures in Town of New Windsor for the protection of the health, safety and welfare of the people of the Town.
B. 
Applicability. In the event of a water shortage or reduced access to water as declared by the Town Supervisor of the Town of New Windsor, the following regulations shall be in effect.
(1) 
Stage I.
(a) 
No person or entity shall cause, permit or allow:
[1] 
The continuing of any leak or waste from any water pipe, valve, faucet, conduit, equipment, facility or device connected to the water system, or which utilizes water on or in any premises owned, leased, managed, operated or controlled by such person or entity.
[2] 
The washing of any vehicle by means of a hose, fire hydrant or other active source connected to the 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.
[3] 
The washing of any street, sidewalk, driveway, outdoor area, outdoor steps, building exterior or other structure by means of a hose, fire hydrant or other active source connected to the water system or which utilizes water.
[4] 
The use of nonrecirculated water from any source for any ornamental purpose, including but not limited to, use in fountains, artificial waterfalls, reflecting pools, lakes and ponds.
[5] 
The use of water from the water system to water any lawn, ornamental shrub, plant or tree, except that:
[a] 
Water may be used to water any vegetable garden from 4:00 a.m. to 5:00 a.m. and from 9:00 p.m. to 10:00 p.m.
[b] 
Water may be used at any time to irrigate, from a handheld container, vegetables or fruits grown for human consumption.
[c] 
Plant nurseries and other commercial users engaged in the business of growing, distributing or selling plants, fruits or vegetables may use such water on their business premises for watering ornamental shrubs, plants or trees or for watering fruits or vegetables grown for commercial purposes, 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.
[6] 
The opening or use of any fire hydrant, or the water therefrom, for any purpose other than actual fire protection, except in accordance with a permit obtained from the Town Supervisor 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.
[7] 
The use of water from the water system to fill any swimming pool, but may be used to maintain the level in any swimming pool.
[8] 
Automatically serving water to patrons in restaurants.
[9] 
Watering of golf courses, except for greens, tees and aprons or ground under repair.
(b) 
Each nonresidential user of water from the Town of New Windsor Consolidated Water District shall prepare and retain a water consumption reduction plan, enabling it to reduce its use of water in stages of 15%, 20% and 25% based upon its water consumption during the calendar year. 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 in place and available for review by the Town upon request.
(2) 
Stage II. If at any time the Supervisor of the Town of New Windsor 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 emergency shall be declared. Upon declaration of a Stage II emergency, in addition to the measures set forth in Stage I:
(a) 
No person or entity shall cause, permit or allow the use of water from the water system to maintain the level in any swimming pool, to water any lawn, ornamental shrub or plant, except that 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 water system shall fully implement its Stage II water consumption reduction plan and shall immediately reduce its use of water by no less than 20%.
(3) 
Stage III. If, after the imposition of the measures set forth in Stage II of this regulation, the Supervisor of the Town of New Windsor finds that the water consumption must be further reduced, a Stage III emergency shall be declared. Upon declaration of a Stage III emergency, in addition to the measures set forth hereinabove:
(a) 
All nonresidential users of water from the water system shall fully implement their Stage III water consumption reduction plan and shall reduce consumption by no less than 25%.
[Added 5-8-2013 by L.L. No. 1-2013]
A. 
Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning herein:
PERSON
Any person, agent, firm, partnership, association, corporation, company or organization of any kind.
WATER
Water from the Town of New Windsor water supply system.
B. 
Applicability. The provisions of this section shall apply to all persons using water from the Town of New Windsor water supply system in the Town of New Windsor Consolidated Water District.
C. 
Permit required.
(1) 
A permit shall be obtained prior to the installation of any new underground lawn sprinkler system or the alteration or addition to an existing underground lawn sprinkler system. A permit shall be obtained by filing an application and plan with the Town Code Enforcement Officer and paying the appropriate fee as established in the Town of New Windsor Standard Schedule of Fees. The data submitted with the application shall include:
(a) 
One copy of the site plan showing details of the layout of the sprinkler system, including all zones, designating individual zones by number and showing each zone within a dashed-line enclosure.
(b) 
A table showing the sprinkler heads and flow capacity for each zone, and including manufacturer's catalog number for each head and attaching a copy of the manufacturer's catalog sheet showing the flow characteristics of each head.
D. 
Standards.
(1) 
All underground lawn sprinkler systems shall be automatically controlled systems, equipped with electrically operated time-clock-actuated valves with a rain and soil moisture sensor designed to shut off the sprinkler system during periods of inclement weather and when the soil is already moist.
(2) 
The maximum size water supply line to the underground sprinkler system shall be limited to one inch in diameter.
(3) 
The maximum flow rate to any underground sprinkler system shall not exceed 30 gallons per minute. The maximum number of zones permitted shall be eight.
(4) 
If separately metered, each underground sprinkler system shall be equipped with a curb stop shut off valve, water meter and double-check valve backflow preventer. All materials shall meet the standards used or specified by the Town Code Enforcement Officers. The double-check valve assembly shall be a unit approved by the New York State Department of Health.
(5) 
The Town assumes no responsibility for water pressure on the premises when the supply to the sprinkler system is connected to the house service line. Any form of temporary connection of underground lawn sprinkler systems to any part of the domestic water supply is prohibited. Any attempt to bypass the sprinkler system water service line, water meter or backflow preventer is a violation of New York State Health Department regulations. Violations will be reported to the County Health Department and the service line to the lawn sprinkler system will be disconnected permanently.
E. 
Lawn sprinkling.
(1) 
During the hours of 10:00 a.m. to 4:00 p.m., no person shall water, hose, sprinkle or otherwise irrigate any outdoor lawn, field, garden, hedge or shrub in the Town of New Windsor, except in accordance with the following:
(a) 
Persons occupying residences or other establishments with even-numbered addresses may water, hose, sprinkle or otherwise irrigate other than during the above hours on even-numbered days of the month.
(b) 
Persons occupying residences or other establishments with odd-numbered addresses may water, hose, sprinkle or otherwise irrigate other than during the above hours on odd-numbered days of the month.
(c) 
Persons occupying residences or other establishments without numbered addresses may water, hose, sprinkle or otherwise irrigate other than during the above hours on even-numbered days of the month.
(d) 
Nothing in this section shall be construed to limit, restrict or prohibit, irrigation of any sort which is done by means of water obtained from sources other than the Town of New Windsor's municipal water supply system.
F. 
Sensors required.
(1) 
As of June 1, 2013, no person shall use a sprinkler system in the Town with any type of device which automatically turns the system on and/or off unless the sprinkler system is controlled by a properly working rain or soil moisture sensor capable of interrupting the operation of the sprinkler system when watering, as determined by the sensor, is not required by virtue of rain or soil moisture, in accordance with the following criteria:
(a) 
The rain sensor shall be of a type capable of detecting a minimum of 1/8 inch of rainfall and automatically interrupting and preventing the sprinkler system from operating. It shall further be capable of allowing the rainfall to evaporate and, when sufficient evaporation has occurred, to automatically rest and allow continuation of normal sprinkling in accordance with the programmed schedule.
G. 
Use of time clocks; automatic sprinkler system without rain or soil moisture sensor.
(1) 
All automatic underground lawn sprinkler systems equipped with time clock electrically operated valves shall be of a type approved by the Town. Such sprinklers shall only be permitted if the sprinkler system is equipped with a properly working rain or soil moisture sensor, and used only on days and during the hours established by the Town. Violations shall be subject to the following warnings or penalties:
(a) 
First violation: warning.
(b) 
Any additional violation: for any and every additional violation of the provisions of this section, the owner or his general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of premises where such violation has been committed or shall exist and any person who commits, takes part or assists in such violation or maintains any premises upon which such violation shall exist shall, for each and every violation, be subject to the penalty provisions contained in § 287-34 of this chapter.
H. 
Hardship exceptions. Upon prior written application, the Town Code Enforcement Officer is authorized to grant a special exception from the limitations of this section of the Water Law for water users who demonstrate a hardship.
I. 
Change or limitation of sprinkling hours. Nothing herein contained is intended to prohibit the Town Supervisor from changing or otherwise limiting sprinkler hours in case of emergency or to meet the demands for water for other domestic use.
[Added 5-8-2013 by L.L. No. 1-2013]
A. 
Requirement and frequency of testing. To ensure reliable meter measurements and proper meter calibration, each property owner with a water meter service of more than one inch must periodically test the meter pursuant to the testing interval set forth below. All such water meters shall be tested by an independent testing service, and calibrated or replaced in order to ensure proper and accurate water meter operation.
[Amended 4-1-2020 by L.L. No. 2-2020]
Meter Size
(inches)
Required Testing Interval
1.5
Every 5 years
2
Every 4 years
3
Every 3 years
4
Every 2 years
6
Every year
8
Every year
B. 
Records of water meter testing. Proof of testing and any corrective action as required in § 287-39A, and a certified report of the results demonstrating the accuracy of the meter, shall be maintained by the property owner on the premises, and such records shall be made available for review and inspection by the Water Department.
C. 
Violations. It shall be a violation, punishable as provided in § 287-34, for an owner to fail to comply with the requirements of this section.