[HISTORY: Adopted by the Town Board of the
Town of Cortlandt as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch.
15.
Department of Technical Services — See Ch.
30.
Greenway Compact — See Ch.
45.
Planning and community development — See Ch.
77.
Pollution Control Board — See Ch.
81.
Department of Recreation and Conservation — See Ch.
92.
Abolishment of Superintendent of Highways — See Ch.
95.
Solid waste — See Ch.
257.
[Adopted 3-19-1996 by L.L. No. 2-1996]
A. The Town
Board of the Town of Cortlandt deems it to be in the best interest
of the Town to consolidate various functions of the Town into one
department. The Town Board determines that the centralization of services
will be more cost effective and provide the services in a more efficient
manner. It is, with this in mind, that the Town Board creates the
Department of Environmental Services consolidating the separate divisions
of the Central Operations Department as they existed prior to the
enactment of this article.
B. In 1996
and continuing until today the Town Board has further developed a
consolidation philosophy with respect to the cross training and utilization
of employees within the Department of Environmental Services to perform
the responsibilities of various operating divisions.
[Added 8-17-2010 by L.L. No. 13-2010]
C. Recently
the Town Board has determined that it would be appropriate to have
the Department of Environmental Services handle the functions of the
Water Department in the repair and maintenance of the Town's water
system. It is in the interest of the Town that the employees of the
Town in the operating departments be cross-trained and be able to
react to any situation that might arise in providing services to the
residents. It is for this reason and in the interest of saving funds
that the Town Board does hereby further consolidate the operating
areas of the Town by transferring the Water Division from the Department
of Technical Services into the Department of Environmental Services.
[Added 8-17-2010 by L.L. No. 13-2010]
The Town Board exercising its authority under
the Suburban Town Law Provisions of New York State Town Law hereby
establishes the Department of Environmental Services.
[Amended 10-16-2001 by L.L. No. 10-2001; 9-24-2002 by L.L. No. 7-2002; 2-9-2010 by L.L. No. 4-2010; 8-17-2010 by L.L. No. 13-2010]
The following are the duties and responsibilities of the Department
of Environmental Services:
A. Parks,
maintenance. Provide all services necessary to properly maintain the
park facilities and recreational and conservation areas of the Town.
B. Sanitation.
Shall be responsible for the removal and disposal of garbage, refuse
and rubbish within the Town.
C. Recycling/composting.
Shall be responsible for the implementation and administration of
all programs established to force and promote recycling and to comply
with state law.
D. Water.
Be responsible for providing all administrative and operating needs
of the Cortlandt Consolidated Water District.
E. Employee
safety and environmental audits and compliance.
F. Volunteer
part-time coordination. Shall be responsible for the supervision of
volunteers and cooperative work programs with other agencies (i.e.,
Keon).
G. Centralized
motor equipment and mechanic pool. Shall be responsible for the establishment
of fleet management and maintenance of vehicles and heavy equipment
including the coordination of sharing equipment with other jurisdictions
in or in surrounding areas of the Town.
H. Building
grounds and central garage. Shall be responsible for the care, maintenance
and management of all municipal buildings, grounds and garages, including,
but not limited to, day-to-day operations, future planning and coordination
of personnel and budget.
I. Highway.
The Department will fully exercise all of the rights, duties and responsibilities
previously performed by the Highway Department of the Town and shall
be fully responsible for the maintenance of all the road systems,
drainage systems and other appurtenances of all the public highways
within the Town.
J. Safety.
The Department shall be responsible for safety programs, both for
employees and the public at large as the need arises.
K. Security.
The Department shall be responsible for the coordination of all security
issues with respect to emergency preparedness, both generally and
specifically with respect to the Indian Point Nuclear Power Facility.
L. Shall
be responsible for the installation and repair of all traffic signals
and traffic control devices in the Town.
M. The
Department shall be responsible for such other duties as may from
time to time be assigned by the Town Board.
N. The Department will assist with sustainability, green issues and
initiatives.
[Amended 9-24-2002 by L.L. No. 7-2002; 8-17-2010 by L.L. No. 13-2010]
A. The Town
Board shall appoint the Director of the Department of Environmental
Services. Said Director shall serve pursuant to the provisions of
the Civil Service Law of the State of New York for a term as determined
by the Town Board in a contract entered into between the Town Board
and the Director as the Town Board deems fit.
B. Deputy.
There shall be such number of deputies and Assistant Directors as
the Town Board from time to time shall determine and find.
C. Qualifications
of Director. The qualifications of the Director shall be established
from time to time by the Town Board of the Town of Cortlandt by resolution.
The Director must possess a good knowledge of planning and equipping
facilities, the ability to schedule and coordinate personnel for maximum
efficiency, the ability to plan and project for the future needs of
the Department and the ability to delegate authority for professional,
nonprofessional and clerical functions.
[Amended 5-13-1997 by L.L. No. 4-1997; 2-9-2010 by L.L. No. 4-2010; 8-17-2010 by L.L. No. 13-2010]
A. Foreman and assistant foreman. There shall be as many
foremen within the Department of Environmental Services as, from time
to time, shall be determined by the Town Board as may be necessary.
The Town Board shall designate the responsibilities of the foremen.
The foremen shall be primarily responsible for the implementation
and supervision of the duties of the Department and shall perform
such other duties which may be assigned to them by the Director and
Deputy.
B. Manager (Water). The transferred Water Manager, foreman
and water employees will report directly to the Director and Deputy
Director of the Department of Environmental Services. The Manager
will assist the Director herein with respect to the day-to-day operation
and reporting and monitoring as of the Water District as required
by the Department of Health.
C. Employees. The merging of the various departments
and duties into one Department has resulted in employees with various
titles within one unit. The Department Director herein must observe
all civil service titles and their prescribed duties. The Department
Head shall recommend to the Town Board any new titles that should
be added or existing titles that should be deleted in the future.
[Added 8-17-2010 by L.L. No. 13-2010]
It is the intent of the Town Board that the operating sites
of this Department be combined and centralized as the physical facilities
permit. All administration will be at the Roa Hook Road site. The
Verplanck Highway Garage and Arlo Lane sites shall be utilized as
appropriate.
[Added 8-17-2010 by L.L. No. 13-2010]
The Director and Deputy of the Department shall implement programs
so that all employees of the Department are cross-trained in various
aspects of work performed by the Department. The purpose of cross-training
is to allow the Director to have flexibility in the assignment of
personnel as the needs of the Department dictate.
B. Sanitation. The Department shall have and be charged with the responsibility of fulfilling all of the duties and responsibilities set forth in Local Law No. 1 of 1991 as Chapter
257 of the Town Code of the Town of Cortlandt, and all of the duties of the Manager of Sanitation set forth herein shall be the responsibility of the Director of Environmental Services herein.
Realizing the technical complexities of the
Town's water system and in order to coordinate its operation with
the capital improvements that are being made, the Town Engineer is
hereby given full authority to approve or disapprove any physical
change, upgrade or repair to the water system and facilities as the
Town Engineer finds appropriate.
A. Unauthorized connections and attachments. No person
other than the regular employees of the Town of Cortlandt will be
permitted to turn water on or off (with the exception of a licensed
plumber by the Director of Environmental Services or his designee),
to tap or to make any connections or attachments with any Town water
mains or to make any repairs, additions or alterations to any pipe,
tap, cock, meter or other fixture connected with any service line
from the water main to the meter. Anyone found in violation may be
subject to a fine not to exceed $300 for the first offense and an
additional $100 for each additional offense.
[Amended 8-17-2010 by L.L. No. 13-2010]
B. Applications for service; excavations.
(1) Application for service connections with any water
main or pipe forming a part of the distribution system of the Town
shall be made to the Central Operations Department on the form provided
therefor. Such application shall be signed by the owner of the property
to be served or by an agent holding legal authorization to sign for
the owner. Payment for such connection must be made in advance, in
accordance with the rates set by Town Board resolution.
(2) The Town of Cortlandt will perform all work except
blasting and/or rock removal, including excavation, tapping and furnishing
and installing all copper tubing and fittings to complete the installation
from the main to the curb box, at rates to be set by Town Board resolution.
(3) The applicant shall make all excavations and installations of Type K copper tubing, buried four feet in depth, from the curb box to the meter at his own cost and expense. The trench should be left open in accordance with Subsection
B(4) of this section, and no other utilities shall be placed in the same trench.
(4) Upon completion of the installation of the service
line, 24 hours' notice is mandatory for the inspection of the trench
by a designated inspector of the Department of Environmental Services.
No other utilities shall be placed in the same trench. After the same
has been inspected by the Town Engineer or his designee, the applicant
shall cause the trench to be properly backfilled.
[Amended 8-17-2010 by L.L. No. 13-2010]
(5) If the owner should request the Department of Environmental
Services to locate the service line on his property, the owner shall
be required to sign a form releasing the Department of Environmental
Services from any damages which may occur as a result of this request.
[Amended 8-17-2010 by L.L. No. 13-2010]
(6) Developments shall not be considered under the jurisdiction
of the Director of Environmental Services until the final subdivision
has been completed and the roads have been dedicated by the Town.
Until such time, these roads will be considered privately owned, and
the owner shall be held responsible for any and all repair work, snow
removal, etc.
[Amended 8-17-2010 by L.L. No. 13-2010]
(7) Main line valves. It shall be required that every
intersection hereinafter constructed in any new subdivision shall
be equipped with a three-valve intersection. This shall also apply
to any taps into any existing waterline of the Town. The Town Engineer
shall have the full authority to vary this requirement as he shall
deem necessary.
C. Use of the fire hydrants; penalties for offenses.
(1) Except in case of fire, no person shall attempt to
manipulate or control any fire hydrant or draw any water therefrom
except the regular employees of the Town, unless said person or persons
shall have obtained a permit from the Town.
(2) In addition to any fine imposed for every fire hydrant
opened without the proper authority, all water shall be paid for at
the regular domestic rate for all water taken or permitted to run
therefrom. The amount of water shall be computed from the time the
water is allowed to run, taking the average pressure into consideration
and presuming that the hydrant was fully opened.
D. Water meters; charges.
(1) A Rockwell R meter and remote will be furnished and
installed by the Town of Cortlandt and shall remain the property of
the Town. The Building Department will do an inspection on all inside
plumbing before a certificate of occupancy will be issued. In the
event that a remote cannot be installed as determined by the Department
of Environmental Services or its designated representative, the customer
must make an appointment with the Department of Environmental Services
twice yearly to gain access to the premises to obtain an actual water
reading, whether the consumer submits a water reading in writing or
not. Failure to comply will result in estimated higher than normal
water bills or the installation of a water meter in a pit with the
cost of such to the homeowner.
[Amended 8-17-2010 by L.L. No. 13-2010]
(2) The annual maintenance cost for meters shall be payable
annually at the time the first quarter's water bill is due and shall
be made a part of said bill.
(3) The employees of the Town may enter the premises of
the consumer at any time between 8:00 a.m. and 6:00 p.m. to examine
the meter and/or its connections and to read the same. Access to the
property shall not be impeded by the owner's dog or dogs. All bushes,
etc., shall be kept trimmed to allow free access to the remote on
the outside of the house. No debris and/or parked vehicles shall hamper
the reading of meter pits at any time.
(4) Should the consumer feel that any meter is not registered
properly, he shall file a complaint with the Town, whereupon the meter
will be removed and tested. If it is found to register against the
consumer by more than 2%, there will be no charge for removing, testing,
repairing and resetting the same. If, however, the meter is not found
to register against the consumer in an amount of more than 2%, a charge
will be made in accordance with the rates set by a resolution of the
Town Board.
(5) Should any meter become out of order and not register
properly, the Town may, at its option, fix the charge against the
consumer according to the consumption during a previous corresponding
period. If an error has been made and a credit results, moneys should
be returned at a prorated amount to the customer if he will not use
the credit within a reasonable billing period. No credit due on an
account shall be given nor any moneys returned when the possibility
of an out-of-order meter is present or when bills are not being paid.
(6) It shall be the duty of the owner to protect any meter,
pipe and fittings from harm. Should a meter become frozen or damaged,
it shall be repaired by the Town, and the expenses thereof shall be
paid by the owner.
(7) As a rule, only one meter will be furnished for each
dwelling or service. Any additional meters will be added by the homeowner,
and the Town will not be responsible for misreads, meter damage or
the billing of private meters.
(8) No seal placed by the Town upon any meter, valve or
fitting shall be tampered with or defaced. Whenever any seal is found
broken, the meter shall be tested at the expense of the consumer and
a fine will be imposed.
(9) Where meters are installed at a point other than in
a building, the owner will be required to pay the cost of all materials,
labor and work to install a meter pit complete with a lid and cover
of a standard pipe.
(10)
Meter rental charges will be made annually,
and the Town Board shall set these charges by resolution.
(11)
In the event that a consumer installs a sprinkler
system, the Department of Environmental Services must be notified
and compliance with Part 5 of the New York State Sanitary Code for
drinking water supplies, Section 5-1.31, must be adhered to.
[Amended 8-17-2010 by L.L. No. 13-2010]
E. Check and relief valves.
(1) The owner will install a check valve, to be furnished
by the owner at the expense of the owner, of a type satisfactory to
the Town Engineer of the Town of Cortlandt on the outlet side of the
meter. The owner shall furnish and install a pressure-reducing valve
of an approved make and type on the inlet side of the meter.
(2) In cases where heating systems or owner special installations
so require, the owner shall furnish and install a pressure-relief
valve.
(3) The Town Engineer and the Code Enforcement Department
shall have complete jurisdiction as to the enforcement of this rule.
F. Connections; leaks; service turnoff.
(1) No connection of any kind shall be made to the service
pipe between the main and the meter.
(2) The Town shall be notified immediately of any leaks
between the curb box and the meter. The homeowner shall repair any
leak within 48 hours at his own cost and expense. The Department of
Environmental Services may, at the request of the consumer, issue
a one-time leak adjustment when a leak has occurred resulting in a
high water bill. This adjustment shall be based on 25% of the overage
charged.
[Amended 8-17-2010 by L.L. No. 13-2010]
(3) In case any owner desires to abandon any service,
the Town shall be notified, in writing, and the service will be disconnected
at the main. This work shall be performed by the Department, for which
service the owner shall be charged according to the current rate as
set by Town Board resolution.
(4) Should the owner desire to discontinue the use of
water, the Town shall be notified, in writing, as to the time and
place such disconnection is desired. The Town will shut off the service
at the curb box and remove the meter. Should it be desired to resume
the use of water, the Town shall be notified, in writing, as to the
time and place at which such service is desired, and the Town will
turn on the water at the curb box and reset the meter. A charge for
these services will be in accordance with Town Board resolution.
(5) In the event that a licensed plumber should turn the
water either off or on at the homeowner's request, the plumber shall
submit to the Department of Environmental Services a written statement
of the homeowner's name, address, meter number and meter reading at
the time of the turn-on or disconnect. Any plumber doing such work
must have filed an agreement and been approved by the Department of
Environmental Services.
[Amended 8-17-2010 by L.L. No. 13-2010]
G. Supply regulations; special equipment.
(1) The Town shall have full right at all times, whenever
in its opinion the public good requires it, to regulate, diminish
or entirely cut off the supply of water from any and all parties taking
water and to make all such regulations and rules for the use or for
diminishing the use thereof as it shall think proper.
(2) The Town shall not be responsible for breaks, obstructions
or intermissions in service arising from any cause whatever. The Town
shall not be responsible or liable for any damages which may result
to consumers' pipes, appliances, etc., from the shutting off of water
mains and/or service pipes for any purpose whatsoever, whether previous
notice has been given or not.
(3) In cases where boilers or other special equipment
is supplied with water, a suitable valve or other device must be installed
by the owner to prevent collapse or explosion in case the water is
shut off in the mains. In the event that a claim is made, the Code
Enforcement Department shall determine whether proper plumbing was
installed to prevent any such occurrences.
(4) In hair salons, marinas, mall restaurants, body shops,
etc., where the Director of Environmental Services or Town Engineer
feels that there is a potential for possible contamination to the
water system, the owner of record shall be required to install a backflow
prevention device or an appropriate alternate as approved by the Westchester
County Board of Health in accordance with Part 5 of the New York State
Sanitary Code for drinking water supplies, Section 5-1.31. All devices
shall be approved by the Town Engineer and the Director of Environmental
Services with a final engineer report and specifications approved
by the county. Standardization shall be on WATTS Unit for convenience
of repair. Anyone found in violation of the above shall be subject
to the termination of his water service.
[Amended 8-17-2010 by L.L. No. 13-2010]
H. Billing procedures.
(1) Water bills shall become due quarterly on dates fixed
by the Town. Water rates shall be computed from the registration of
the meters at the current rate as set by Town Board resolution. These
readings shall be taken within a reasonable period of time before
the first day of each period. In the event that the remote located
on the outside of the house is not operating properly, an estimated
water bill will be issued until the proper repairs are made. The consumer
shall be responsible for water consumption as shown on the inside
meter.
(2) Bills can be obtained at the office of the receiver
of taxes after the first five days of the period. Bills will be mailed
to each property owner; however, the safe delivery of such bills is
not guaranteed. If a consumer does not receive his bill on or before
the 10th day of the period, he should call the office of the Receiver
of Taxes for a duplicate.
(3) All bills are due and payable at the office of the
receiver of taxes on the dates fixed by Town Board resolution.
(4) Penalty for nonpayment.
(a)
If any metered water account remains unpaid
30 days after the bill date, there shall be charged as a penalty for
such management an additional sum or sums as follows:
[1]
Three percent at the expiration of 30 days.
[2]
Three percent additional at the expiration of
60 days.
[3]
Four percent additional at the expiration of
90 days.
(b)
No payment will be received which leaves a previous
charge unpaid.
(c)
In the event that a tax-exempt (i.e., does not
receive a tax bill under normal circumstances) water account remains
unpaid after 120 days or moneys in excess of $5,000 are due, water
may be shut off entirely by the Cortlandt Consolidated Water District
until such water bill is paid. The consumer shall be notified in writing
with a certified letter that the bill must be paid in full to the
Receiver of Taxes within 30 days of the letter or the water will be
turned off. A reminder notice shall be sent 15 days prior to turnoff.
(5) If any meter account remains unpaid at the end of
a calendar year, such account must be paid by February 28 of the succeeding
year. Any unpaid amount will be charged as a tax lien against the
delinquent property owner.
(6) All water rents must be paid by the owners and will
be billed to them only, unless a special permit is issued by the Town
Board.
I. Fire-protection service.
(1) Large connections for fire protection by means of
automatic sprinklers or standpipes shall be considered for approval
upon special application to the Town Board accompanied by the recommendation
of the Town Engineer.
(2) When required, large connections for fire protection,
etc., shall be metered, the cost of which shall be paid by the property
owner.
(3) No service connection of any kind will be permitted
to be attached to any fire-protection service.
(4) A separate fee for this service will be imposed on
a quarterly basis at a rate set by Town Board resolution.
(5) Fire hydrants. Any fire hydrant installation within
the Town of Cortlandt Water District shall be installed in accordance
with the rules and regulations governing the Cortlandt Consolidated
Water District and approved by the Town Engineer. All fire hydrants
shall be installed at intervals of no more than 500 feet. A fire hydrant
shall also be installed at every cul-de-sac. Blowoffs are not acceptable.
Where a secondary road becomes a main artery, an additional hydrant
may be required in the discretion of the Town Engineer.
J. Curb box. It shall be the duty of the property owner
to keep the curb box at the curb shutoff in such condition that the
employees of the Town may at all times have ready and convenient access
thereto for the purpose of turning on and off the water supply to
the premises using the same.
K. Nondistrict service. The rates for all consumers outside
of any Town water district shall not be less than 50% more than for
the same services inside the supplying district. Anyone receiving
such service will be required to sign an agreement with the Town in
a form approved by the Town Attorney. Anyone already receiving out-of-district
service on the effective date of this article shall be considered
already in agreement with the Department of Environmental Services,
and a written contract shall not be deemed necessary.
[Amended 8-17-2010 by L.L. No. 13-2010]
L. Minimum charges. There shall be a minimum quarterly
charge made, the amount of which shall be by Town Board resolution
and which is to be printed on the back of the water bills. This minimum
quarterly charge shall entitle the user to the quantity of water designated
on the back of the water bill. Meters will be read quarterly during
the period immediately preceding the expiration of the quarter, and
in the event that more water is used during any quarter than is allocated
thereto, bills will be rendered for such excess at the rate as printed
on the back of said bill. In the event that less water is used during
any quarter than the minimum, no credit refund or allowance will be
made therefor.
A. The Director of Environmental Services, subject to
the technical review of the Town Engineer, is hereby vested with the
authority to formulate and promulgate any rules or regulations necessary
to implement the intent of this article. Said rules and regulations
may relate to any aspect of the services provided by this Department.
Said rules shall set forth the requirements and limits for the delivery
of these services to the Town.
B. All rules promulgated hereunder shall be filed with
the Town Clerk and posted upon the Town Clerk's official sign board
as well as posted in all offices of the Town which provide the services
set forth herein. Said rules shall take effect on the 11th day following
their filing with the Town Clerk.
Any provisions in this article or any rules
adopted herein may be enforced by the Director of Environmental Services
or by the Department of Code Enforcement of the Town of Cortlandt.
A. Any violation of this article or the rules and regulations
promulgated hereunder may be punished by a fine not to exceed $250
or up to 15 days in jail or by a civil penalty not exceeding $1,000.
B. The Town Attorney is hereby authorized to commence
a civil action to collect the civil penalty herein in any court of
competent jurisdiction.
C. Any violation of this article or any rule promulgated
hereunder is hereby declared to be a violation as defined by the Penal
Law of the State of New York. Any criminal information filed alleging
a violation of this article shall be in the form required by the Criminal
Procedure Law. Each day that a violation continues shall be deemed
to be a separate and distinct offense.
Local Law No. 2-1990, establishing the Central
Operations Department, be and the same is hereby repealed in its entirety.
[Adopted 3-13-2007 by L.L. No. 4-2007]
The Town Board serves as the Board of Commissioners
of the Cortlandt Consolidated Water District. In this role, on an
annual basis the Board determines a budget for the Water District
and fixes a water rate to be charged to all users of water within
the Consolidated Water District. The major part of the rate set includes
a fee charged by the City of New York for the purchase of raw water
utilized by the taxpayers within the Cortlandt Consolidated Water
District. The City of New York over the past years has made adjustments
to their water rates in the middle of a calendar year. The Cortlandt
Consolidated Water District's fiscal year is the calendar year. Thus,
it has been very difficult for the Town to accurately set a water
rate without having the budget then impacted by further increases
imposed by the City of New York in the middle of the fiscal year.
It is for this reason that the Town Board has determined that the
provisions of this article will assist in the proper financial help
of the Water District by establishing water rates that are realistic
and appropriate.
The charge imposed by the City of New York for
the purchase of water from the aqueducts of the City of New York shall
be passed through in its totality to the customers within the Consolidated
Water District. This rate will be separately reflected on all customers'
water bills.
The water bills utilized by the Cortlandt Consolidated
Water District shall break down the water fee as being that part charged
by the City of New York for the raw water and the additional charge
imposed by the Cortlandt Consolidated Water District for the filtration
and transportation of the water to the customers of the Water District.
The Receiver of Taxes and the Town Comptroller shall work in developing
a modified tax bill setting forth the separate water charges.
Whenever the City of New York adjusts the water
rates charged to the Consolidated Water District for raw water, said
increases shall be reflected in the next billing to the customers
of the Consolidated Water District rendered after the increase is
in effect. Said increase shall take place at any time during the fiscal
year whenever the City of New York notifies the Town of the increased
water rates and shall not await the establishment of a new budget
or setting of new water rates at the end of any fiscal year.