Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 16.
Sanitation — See Ch. 45.
Water resources — See Ch. 78.
Zoning — See Ch. 85.
Subdivision regulations — See Appendix.
Article I Rules and Regulations for Stony Brook Water District
[Adopted 6-16-1987 by L.L. No. 7-1987]
A. 
There shall be appointed by the Town Board for the Water District a Superintendent who, on behalf of the Town Board, shall have general charge of the maintenance and operation of the water system in said District and keep a record thereof and shall issue all permits required hereby, render bills for the water furnished or other service given, collect all accounts due and owing to the District and promptly deposit all receipts in such bank or trust company as the Town Board from time to time may direct and, on or before the 10th day of each month, make report to the Town Board, by filing the same with the Town Clerk, of all moneys received by him during the previous month, specifying the name of the person or corporation for whose account the same has been paid and the purpose of such payment, giving such further information as may be helpful to or requested by the Board in properly conducting the affairs of the District. The salary of the Superintendent and other employees shall be fixed by the Town Board. The Superintendent shall also make report at such other times as may be required by the provisions of the Town Law. The Superintendent shall at all times possess a current New York State Community Water Systems Operator's Certificate (Class D) as required by the New York State Sanitary Code.
[Amended 2-24-1992 by L.L. No. 3-1992, effective 2-24-1992]
B. 
Such additional employees as may be needed by the Superintendent shall be employed by the Town Board, except that, in the case of emergency, the Superintendent may employ such persons and incur on behalf of the District such expenses as the occasion necessitates.
C. 
The Town Board may make contracts and leases for any part or all of any work, labor, services, utilities, materials or space for office or storage required by the District.
Claims, debts and charges shall be submitted to the Comptroller of the Town of Brookhaven upon a voucher form furnished by the District, with a certificate by the creditor as to the correctness of the obligation and that it is due and owing, and, after the same shall have been audited and approved for payment by the Town Board, shall be paid in the same manner as other Town charges out of funds credited to the Water District.
The Superintendent shall give bond for the faithful performance of his duties and for rendering a just and true account of all moneys received by him on behalf of the District in such sum as the Town Board may, from time to time, direct. The premium of such bond shall be a charge on the District.
[Amended 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992]
Permanent water service shall be rendered by meter only. For the purpose of standardization to facilitate efficient service and maintenance, all meters shall be of such make and type as, from time to time, may be approved by the Board and shall be procured by the consumer from the District.
A. 
No person or corporation shall use the water supplied by the District for any purpose whatsoever without having obtained a permit upon written application therefor, after having first paid the charges pertaining to the introduction of water to the premises.
B. 
All applications for introduction of water to any premises or for the use of water shall be made upon a blank furnished by the District for such purpose and shall be signed by the owner or his, her or its agent. Such application shall contain a statement of all uses for which water is desired, and the use of water for any purpose other than mentioned in the application shall be sufficient cause to justify discontinuance of water service. Application for additional uses may be made at any time to the Superintendent, and a permit may be granted therefor, provided that it complies with existing rules and regulations.
Except for the original installation of the service pipe between the curb stop and the meter, no person shall make any attachment to or connection with any of the pipes or mains of the District nor make any repairs, additions or alterations to the service pipes except on the consumer's side of the meter, unless he is an employee of the District or a person or corporation authorized so to do by the Town Board or Superintendent in the event of an emergency.
A list of persons authorized as provided in § 79-6 shall be on file in the office of the District.
A. 
Any person or corporation may make application to the Town Board for the purposes set forth in § 79-6.
B. 
Such application shall be accompanied by a bond in the sum of $500, with one or more sureties acceptable to the Board, conditioned that the applicant will comply with the ordinance, regulations and rules of the District, will pay to the District all fees, penalties or other charges required hereby in consequence of the work undertaken and will restore openings made in the streets, roads, lanes and other public places and pavement thereon and therein to the same standard of condition as before the work started and keep and maintain the same in such condition for a period of one year after the work has been completed and, in case of failure so to do, will pay to the proper authority in the premises the cost of putting the same in such condition. The Town Board may, in its discretion, grant or deny such application. Such permission, so given, may be revoked by the Town Board at any time.
[1]
Editor's Note: Former § 79-9, District to make installations in the Cherry Grove and Fire Island Pines Water Districts, was repealed 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992.
A. 
Upon the installation of a new service or the reinstatement of an existing service or the conversion from one class of service to the other, the District will assume that the pipes and fixtures which the service will supply are in proper order to receive the same, and the District will not be liable for any accident, breakage, malfunction, leakage or any damages resulting therefrom arising out of the furnishing or supplying of water or out of the failure to supply the same. Service pipes and appurtenances thereto on the consumer's side of the meter shall be installed by and kept in good repair by the consumer at the consumer's expense. The meter and service mains shall be maintained and repaired by the District. Any repairs required to the meter or service mains for other than normal wear and tear shall be made by the District at the consumer's expense. The meter and curb stop shall be located as directed by the Superintendent of the District, and any structural changes thereafter made to the premises shall not interfere with access to the meter or curb stop. For protection of the District water supply and in the interest of public health, the District will not permit its mains or service to be connected on any premises with pipes or equipment connected with any other source of water.
B. 
The Superintendent, if he determines a cross-connection hazard to exist, shall require the consumer, at the consumer's expense, to install an appropriate, approved containment device, commensurate with the degree of hazard as per the New York State Sanitary Code, Section 5.1.31.
C. 
The New York State Sanitary Code, Section 5.1.31, shall govern the consumer in the installation, continuing testing and maintenance of the containment device, which the Superintendent is responsible for enforcing. Between April 15 and May 15 each year, the annual test shall be performed, and the annual test report, Gen 215 or equal, shall be filed with the District Superintendent.
D. 
Upon failure of compliance with any of the above subsections, the Superintendent shall discontinue water service until compliance is verified.
No person shall tap any main or distributing pipe or make or interfere with any connection with the water system unless under the direction of and in the presence of the Superintendent or unless he is an employee of the District or unless specific permission in each case is given by the Superintendent; nor shall any person make any alteration or addition in and about water pipes, other than on the consumer's side of the meter, unless a written permit shall have been given by the Superintendent upon written application therefor.
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 by the authority having jurisdiction thereof.
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 said street or place shall be restored to its original condition as soon as practicable. Open trenches shall be guarded with barricades and sufficient warning lights, or flares shall be displayed at night.
A. 
Service pipes shall be laid at least 4 1/2 feet below the surface of the ground at all points. A curb cock and box shall be installed in the sidewalk space of the street close to the curb.
B. 
Unless otherwise permitted or directed, the meter shall be set in an underground pit placed upon the premises of the consumer close to the street line. This pit and the meter setting shall conform to a standard design or directions which shall be furnished by the Superintendent.
C. 
The meter may, by special permission, or shall, by direction, be installed within the building to be served as close as practicable to the point where the service pipe enters. The meter within a building 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. A stop or waste cock shall be provided within the building so located that all piping on the consumer's side of the meter can be drained whenever necessary. Provision shall be made to prevent hot water from reaching the meter.
D. 
No red or white lead or joint compound shall be used on joints, and no sweat joints shall be used, 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.
In the event that a change in the ground elevation leaves a service pipe insufficiently buried or results in the curb box projecting above the ground or being covered with earth, the consumer shall promptly lower or raise his service pipe and curb box to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations properly, the supply of water will be shut off until the alterations are completed, and the district may make the alterations and charge the expense thereof to the consumer.
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.
In case a house or other building is to be closed or become vacant, notice thereof should be given the District in order that meter may be read and the supply shut off. Where such notice is not given and pipes burst from freezing or other cause, the value of water lost by reason thereof, as estimated by the Superintendent, shall be added to the next bill and be paid in like manner as regular water charges.
Where a new connection is made with a street main 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 to the District, and the curb cock shall not again be opened until the work has been inspected and approved by the Superintendent and the meter read. Pipes and connections between the main and the meter shall not be covered until so inspected and approved.
A. 
Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, the meter will be repaired or replaced at the expense of the District provided the cause of the malfunction is due to normal wear or product defect. If the malfunction is a result of customer negligence, the cost of the repair or of the replacement meter shall be borne by the customer. All meters shall remain the property of the District.
[Amended 12-7-1993 by L.L. No. 22-1993, effective 12-13-1993]
B. 
No charge shall be made for inspection and testing of meters found to be out of order. If at the request of the customer, the meter is tested and found to be functioning accurately, the cost of such test shall be borne by the customer. The meter testing charge shall be the actual cost incurred by the District plus 10%, not to exceed $40 for meters two inches and under in size.
[Amended 12-7-1993 by L.L. No. 22-1993, effective 12-13-1993]
C. 
As per current Public Service Commission Regulations, the Superintendent shall institute a meter testing program as mandated by PSC and keep the appropriate records for such.
[Added 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992]
A. 
No person shall open, interfere with or draw water from any fire hydrant in the District without a permit therefor from the Superintendent, except that, in case of fire, hydrants may be opened by or on the order of any member of a Fire Department or any Fire Commissioner within the District for the purpose of attaching thereto fire hose and equipment, where contract for the purpose has been entered into with the Fire District.
B. 
Whenever a hydrant has been opened and used, notification of such fact shall be promptly given the District.
C. 
No tools or implements shall be used to open hydrants except such as are furnished by the District or by a Fire Department operating within the District.
D. 
The Superintendent shall institute a fire hydrant maintenance and flushing program that will insure each hydrant's continuous work ability.
[Added 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992]
Where water has been turned off for any purpose by direction of the District, it shall not be again turned on without the permission of the District.
[Amended 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992]
The Superintendent of the District is responsible for recommending fee schedules, charges, water allowances and billing procedures as he shall deem suitable and which shall be subject to the approval of the Town Board and which shall be published on a yearly basis.
A. 
Water rents and charges and penalties thereon shall be a lien upon the real property upon which the water is used, and, on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Superintendent shall file with the Town Clerk a statement showing all water charges, with penalties thereon, unpaid for more than 60 days, which statement shall contain a brief description of the property to which the water was supplied or upon which charges were incurred, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
B. 
Such charges and penalties shall not be collected by the Superintendent of the District after the filing of such statement with the Town Clerk but may thereafter be paid to the Comptroller of the Town until such time as a statement of such unpaid water charges and penalties is submitted to the Suffolk County Legislature of the County of Suffolk for the purpose of levying the same as a tax against the property affected.
Notice, in writing, shall be delivered to the Water District office at least 10 days before the date upon which water service is desired to be commenced or to be discontinued.
Each dwelling or building or parts thereof having unrelated occupancy or distinctive use shall, at the option of the District, have a separate meter.
A. 
When water is required for use in connection with building construction, application shall be made to the District therefor. Where the owner of the premises is not the applicant, a deposit of such sum as the Superintendent of the District shall deem sufficient to pay for water to be used and charges attendant thereon shall be paid in advance to the District. Where, after installation and commencement of the use of water, in the opinion of the 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 District charge equals the amount of the deposit. After completion of the work, upon claim duly made therefor to the Town Board, any surplus of the deposit over and above the amount of the water charges and other expenses attendant thereon shall be refunded to the applicant. Charges for this purpose shall be the same as provided herein for permanent service, except that if the meter is returned to the District in good and serviceable condition, the cost thereof to the applicant will be refunded.
B. 
Installation, unless otherwise permitted by the District, shall conform to the rules and regulations herein provided for permanent service.
A. 
Persons or corporations desiring to use water for construction purposes other than mentioned in § 79-26 shall make application to the District therefor, setting forth the name and address of the applicant, the object and purpose of the use of water, the quantity estimated to be needed and shall give such other information as the Superintendent shall require. If such application is granted, the supply of water shall be furnished in such manner as the District shall allow, and the water rates shall be as in these rules established, except that there shall be no minimum charge. A meter shall be furnished by the District, for the use of which a reasonable charge will be made by the District, and, where the Superintendent shall deem it advisable, an inspector, appointed by the Town Board, shall be maintained on the work site at a wage fixed by the Town Board to be paid by such applicant. Where water for such purpose is taken from a hydrant, provision shall be made for the protection of the meter and for quick disconnection in case such hydrant or hydrants are needed to extinguish any fire.
B. 
No such application shall be granted unless a bond shall be delivered to the District, approved as to amount, sureties and form by a majority of the members of the Town Board indemnifying and saving harmless the District and the Town Board and the Town of Brookhaven from damages to property or damages resulting from death of any person or injuries suffered by any person by reason of the construction work done for which such water is used.
C. 
The provisions of § 79-26, insofar as they provide for the deposit of money to secure payment of water charges and insofar as they provide for reimbursement of surplus deposit, shall apply to the use of water for the purposes contemplated by this section, except that no deposit shall be required of the state or any municipal corporation or any district, bureau or department thereof where the work is being done by its own employees and where the purpose for which the water is used has been duly authorized, in which event bills for water charges shall be rendered at such time as the Superintendent shall deem advisable.
D. 
The bond under this section shall not be required where the water is being furnished to the Town of Brookhaven or its highway department for work being done by its employees.
Except with the permission of the District, water for construction purposes shall not be taken from any service connection used for any other purpose, whether on the same premises or from any main or hydrant.
The Superintendent of the District or his authorized agents shall have full power to enter the premises of any consumer, at all reasonable hours, to read a meter or to examine fixtures, plumbing and manner of using the water.
Wherever it is referred to herein that permission be granted by or that an application be made to or that an act be done by or that an act be approved by the District, it shall mean the Superintendent of the District.
[1]
Editor's Note: Former § 79-31, Taps and meter sizes pertaining to Cherry Grove and Fire Island Pines Water Districts only, was repealed 2-20-1992 by L.L. No. 3-1992, effective 2-24-1992.
A. 
Service pipes and fittings, corporation cocks, curb cocks, curb boxes, meter settings and meter pit covers shall conform to such standards and shall be of such make and type as the Town Board shall adopt and shall be of such size as the Superintendent deems proper. Service pipes from the street main to the meter, less than two inches in diameter, shall be of pure, seamless, soft-tempered copper tubing with bronze fittings. Tubing shall be of the following thickness:
Nominal Pipe Size
(inches)
Outside Diameter of Tubing
(inches)
Gauge
(B.W.G.)
3/4
7/8
16
1
1 1/8
16
1 1/3
1 3/8
16
1 1/2
1 5/8
15
B. 
Meter and corporation cocks will be furnished by the District at prices to be fixed by the Superintendent, not exceeding 10% above cost.
C. 
A charge fixed by the Superintendent will be made for tapping the main and inserting the corporation cock.
D. 
Service pipes two inches in diameter and larger shall be universal cast-iron pipe, Type T, Class 150, connected to a tee in the main with a gate valve and box close to the main, except as otherwise approved by the Superintendent. The tee, valve and box and such other fittings as may be necessary for such connection shall be furnished by the District and shall be installed by the District or under the supervision or direction of the Superintendent, and the cost thereof, plus 10%, shall be paid by the applicant. Before the connection is made, the applicant shall deposit with the District such sum as the Superintendent shall deem sufficient for the aforementioned purposes. Upon the completion of the work, any balance which may remain in favor of the applicant shall be refunded upon claim duly made to the Town Board therefor.
The Superintendent is authorized on behalf of the District to purchase such material as is required where such material is not on hand and is needed for service installation for which a deposit has been made as required by § 79-32.
A. 
Whenever an owner of premises or a developer of land desires water service, and whose premises within the Water District are situate at such a distance from a water main of the Water District distribution system that an extension of the water main will be necessary, such owner shall submit to the Town Board a written application, verified by the owner, which shall state:
(1) 
The name and residence address of the owner of the premises and of each person or corporation owning an interest in the said premises upon which water service is desired.
(2) 
The location and description by boundaries of the premises to which the extension of the water supply main is desired.
(3) 
Whether there is any mortgage, mortgages, judgment or other liens upon said premises and, if so, the amount of each said lien, the date of record and the number of the book of record and page number where each said mortgage, judgment or lien is recorded or docketed in the Suffolk County Clerk's office and the amount of each said mortgage, judgment or lien and the name and address of the present owner of each said mortgage, judgment or lien; and to said application there shall be attached as a part thereof an affidavit of the title of the said premises; and there shall also be attached to said application a map, as a part of the application, and said map shall be signed with the written signature of said applicant.
B. 
Said application shall state and said map shall show the distance of said premises from the nearest fire hydrant situate along the highway or road, and if said hydrant and premises in said application described are not upon the same highway or road, said application shall state and the map shall show the distance between said premises and the said fire hydrant measured across intervening private property.
C. 
Said application shall state the number of existing houses for which water service is applied for and the number of vacant building lots for which water service is desired for houses to be built thereon and shall request that the Town Board of the Town of Brookhaven, acting for and on behalf of the Water District, enter into a written agreement with the applicant for the construction of such extension of said water main with proper, necessary equipment and appurtenances.
D. 
The Town Board shall, as soon as reasonably practicable after each written application is filed, examine the same, and, if the Town Board shall be satisfied that said extension is practicable and reasonably necessary, the Town Board shall enter into a written agreement with said owner, and said agreement shall be and provide as follows:
EXTENSION AGREEMENT BETWEEN THE TOWN BOARD OF THE TOWN OF BROOKHAVEN FOR AND ON BEHALF OF _______ WATER DISTRICT AND ______________________
THIS INSTRUMENT, executed this _____ day of 19______, by and between _________ of ________, party of the first part, hereinafter called the "owner," and the Town Board of the Town of Brookhaven, for and on behalf of __________ Water District, party of the second part, hereinafter called the "Town Board."
WITNESSETH, that whereas the owner desires to secure water and water service for the premises hereinafter described and/or is interested in the development and sale of a tract of land situate at _________ in the Town of Brookhaven, Suffolk County, New York, and within the _________ Water District, and desires an extension of mains with appurtenances of the __________ Water District as follows: (legal description) and
WHEREAS, the Town Board, for and on behalf of said Water District, is willing that such extension be made upon the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises hereinafter expressed and of the sum of $1 paid by each of said parties to the other, the receipt whereof is hereby mutually acknowledged, the said parties do hereby mutually agree as follows:
1.
The owner has applied in writing to the Town Board for the above extension of water mains and appurtenances of and in the
.
2.
The owner will, simultaneously with the execution and delivery of this agreement, pay to the Town Board, the sum of ______ dollars ($), and the Town Board agrees that the cost of the extension will not exceed the said sum. The said amount so paid shall be retained by the Town Board without interest, but subject to repayment to the owner of the balance not expended for the extension as hereinafter provided.
3.
The Town Board will proceed with due diligence to effect the said extension, by contract or otherwise, and if, after completion and the ascertainment of the entire cost thereof, it shall appear that such entire cost is less than the said payment, the Town Board will forthwith cause to be repaid to the owner the difference between the amount paid by the owner and such entire cost of said extension.
4.
It is hereby further mutually understood and agreed that water pipes used in the construction of said water main extension shall be six-inch pipe unless the Town Board shall determine that a different size pipe will be more advantageous.
5.
It is further mutually understood and agreed that mains laid or to be laid in said streets shall be and remain the property of the Water District, its successors and assigns and that the Town Board retains and shall have the right to extend any main installed by it pursuant to the terms of this agreement in or to other lands, streets or avenues, but the party of the first part hereof shall not by reason thereof be entitled to any repayments.
6.
It is further mutually understood and agreed that before any pipes are laid or roads or streets opened to lay pipes under this agreement, the party of the first part shall procure and deliver to the Town Board any and every easement in, over and upon any private property or public highway which the Town Board, in its discretion, shall require for the installation of said water pipes and appurtenances and shall also procure release and consent from any mortgagor and/or lienor.
7.
This agreement shall not be assigned by the owner unless the consent of the Town Board expressed by its resolution shall be first obtained, and any attempt by the owner to assign this agreement without said consent of the Town Board having been made shall be a good and sufficient cause for the termination of this agreement by the Town Board, as to any repayment to the owner as provided in Paragraph Number 3 hereof.
8.
Any leak occurring in the service pipe between said water main and the premises of the owner and/or upon the premises of the owner shall be promptly stopped and repaired by the owner at his expense. Unless such leak is promptly stopped and repaired by the owner, the Town Board shall stop the supply of water until said leak shall be effectively repaired.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written.
L.S.
Owner
TOWN BOARD OF THE TOWN OF BROOKHAVEN
Supervisor
Councilmen
STATE OF NEW YORK,
COUNTY OF SUFFOLK, SS.:
On this _______ day of ______, 19_____, before me, the subscribed, personally came ______, to me known and known to me to be the owner described in and who executed the within instrument and he duly acknowledged to me that he executed the same.
Notary Public,
Suffolk County, New York
STATE OF NEW YORK,
COUNTY OF SUFFOLK, SS.:
On this _____ day of _____, 19_____, before me, the subscriber, personally came _____,, Supervisor of the Town of Brookhaven, and _____, _____, _____, _____, _____, _____, _____ and _____, Councilmen of the Town of Brookhaven, together constituting a majority of the members of the Town Board of the Town of Brookhaven, to me known and known to me to be the individuals described in and who executed the within instrument, and severally duly acknowledged to me that they executed the same as such Town Board, as aforesaid, for the purpose therein mentioned.
The right is reserved to change and amend these rules, regulations and ordinances, to make special rates, variations and contracts in all proper cases or to turn off the water supply without notice in case of emergency without liability for damages for lack of water or for any damage which may result from the turning off of the water supply.
A violation of any of the provisions of the foregoing shall be a violation punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both.[1]
[1]
Editor's Note: Former Art. II, Rules and Regulations for the Cherry Grove Water District, adopted 2-20-1992 as part of L.L. No. 3-1992, was repealed 2-20-1997 by L.L. No. 3-1997, effective 2-24-1997; and former Art. III, Rules and Regulations for the Fire Island Pines Water District, adopted 2-20-1992 as part of L.L. No. 3-1992, was repealed 5-21-1998 by L.L. No. 15-1998, effective 5-28-1998.