[Adopted 9-22-1999 by L.L. No. 7-1999 (Ch. 98, Art. XI, of the 1975 Code)]
A. 
Last updated in December of 1988, there exists a New York State Drought Plan administered by a task force including numerous state agencies led by the Department of Environmental Conservation. The statewide plan contemplates that legislative response to, and mitigation of, the adverse effects of drought are within the primary domain of local government.
B. 
In the recent past, the Town of LaGrange has experienced significant episodes of drought which have adversely impacted, or threatened to adversely impact, both public and private water supply sources.
C. 
The Town Board finds that water conservation measures, in periods of significant drought, limited solely to public or municipal water supply sources do not go far enough. It is the purpose of this legislation to provide a basis, in times of drought emergency, for the Town Board to implement conservation measures appropriate for both municipal and private water supply sources. Consistent with the statewide Drought Management Plan, the legislation provides enforcement mechanisms.
D. 
The Town Board finds that the Town of LaGrange is served by two aquifer systems: the Fishkill-Sprout principal aquifer; and a Town-wide bedrock aquifer. These aquifer systems now provide all of the drinking water to Town residents.
E. 
During the current summer of 1999, the Town Board has heard from numerous residents whose private sources of water supply have become depleted by drought conditions. The Town Board finds that the imposition of water conservation measures affecting both municipal and private sources of water supply will constitute a reasonable and necessary response to preserving water resource assets in times of drought, particularly because users of those assets necessarily draw upon a shared resource, the depletion of which is contrary to public health, safety and welfare.
F. 
The Town Board finds that this public health, safety and welfare concern is sufficient to overcome any claims of unfettered rights of private property owners to make use of those common water resource assets to the extent that they may exist beneath, or can be reached from, private property holdings.
By resolution adopted in periods of drought, the Town Board may take the following levels of emergency action:
A. 
Drought advisory.
(1) 
All residents of the Town of LaGrange, consisting of both customers of public water districts or improvements, as well as owners or occupants of residential or commercial properties with nonmunicipal sources of water supply, shall be advised that drought conditions exist and that, without rain, conditions could worsen impairing the ability of public and private water sources to meet demands. Users will be requested to voluntarily implement water conservation measures, such as:
(a) 
Limit watering of plants to only those activities to protect recently planted vegetation.
(b) 
Restrict car washing.
(c) 
Take other precaution to insure that water is not wasted.
(2) 
The public shall receive notice of the drought advisory through a combination of discussion at Board meetings, releases to the press, posting of notice in the Town Hall, notice issued by the municipality to the Dutchess County Department of Health, and notices to be included in the next succeeding water bills issued to public water supply customers.
B. 
Drought warning.
(1) 
Town of LaGrange residents shall be informed that drought conditions exist, and that both municipal and private water supplies are stressed. Supplies for normal water usage will consequently not be available, and mandatory water usage restrictions will be put in effect, including:
(a) 
No water of lawns.
(b) 
Even house numbers may water recently planted vegetation on even days. Odd house numbers may water recently planted vegetation on odd days.
(c) 
No car washing.
(d) 
No swimming pool filling through the use of private water resources in the Town of LaGrange (use of municipal water supply for that purpose being uniformly prohibited pursuant to § 233-23A of the Town Code).
(2) 
The drought warning condition and restrictions shall be the subject of the forms of notice set forth hereinabove in Subsection A, and the additional method of notice of publication in the Town's official newspaper at the commencement of the period of drought warning, and once each month afterwards during the pendency of the drought warning condition and restrictions.
C. 
Drought emergency.
(1) 
Water supplies will have difficulty meeting both municipal and private user demands, and significant reduction in usage is required to conserve the limited resources available through both public and private water supply sources and systems. The limitation shall include:
(a) 
No outdoor watering.
(b) 
No car washing.
(c) 
No swimming pool filling.
(2) 
The form of notice shall be as provided hereinabove in Subsection B, and the Town Board may supplement such notice of drought emergency condition and restrictions with information concerning voluntary conservation techniques concerning use of toilet facilities, faucets, shower limitations, and reuse of water for maintaining vegetation.
Persons or entities making use of water supply not provided by the water districts or improvements of the Town of LaGrange shall be exempt from the restrictions of this article so long as, and to the extent that, their source(s) of water supply is at least 200 feet distant from any other neighboring water supply source.
A. 
Upon application of any person or entity, the Town Board may in its sole discretion grant a variance relieving such person or entity from compliance with any of the requirements of this article, if such person or entity demonstrates to the satisfaction of the Town Board that:
(1) 
Undue hardship would otherwise result;
(2) 
That there are no possible alternatives;
(3) 
That the applicant has taken or will take all possible measures to conserve water, with a complete description of such measures and the water savings to be effected; and
(4) 
That such variance is not inconsistent with the purposes of this emergency regulation.
B. 
In connection with any variance which may be granted, the Town Board may impose such terms and conditions as it deems appropriate.
This article shall be enforced by the Zoning Administrator and/or the Building Inspector.
No person or entity shall be penalized under this article until first receiving a prior written warning. In the event that the prior written warning of violation of any nonvoluntary restriction is unheeded, the subsequent violation of such restrictions set forth in this article shall be an offense punishable by a fine not less than $100 for the first offense, not less than $250 for the second offense, and not less than $500 for the third and each subsequent offense, and/or imprisonment for a maximum period of 15 days after the second offense. Each day's continuing violation of the restrictions of this article shall be deemed a separate offense, separately punishable pursuant to the aforesaid provisions.