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UntitledRESOLUTION PROPOSING AN AMENDMENT TO AN ORDINANCE AND SETTING A PUBLIC HEARING REGULATING WATER AND SEWER SERVICE PIPES WHEREAS, the Town Board of the Town of Wappinger, County of Dutchess, State of New York, is desirous of instituting an amendment to the ordinance to regulate water and sewer service pipes which shall apply to all water and sewer improvement districts within the Town of Wappinger, Dutchess County, State of New York; and WHEREAS, the proposed amendment to the ordinance shall read as follows: Section One: This ordinance shall apply to all water and sewer improvement districts within the Town of Wappinger. Section Two: a. The water service pipe or pipes leading from dwellings or other buildings within the districts to the curb valve shall be installed by and at the expense of the property owner. The water service pipe or pipes from the curb valve to the district water main shall be installed by the Town. Further, the Town shall furnish the curb valve and the flare fitting thereof on the water main side of the curb valve. The property owner shall furnish the flare fitting on the dwelling side of the curb valve. Sanitary sewer service laterals leading from dwellings or other buildings within the districts to the edge of paved portion of roadway or curb shall be installed by and at the expense of the property owner. Sanitary sewer laterals from the paved portion of the roadway or curb to the district sewer main shall be installed by the Town. Town shall not however, be responsible to install water service lines or sewer service laterals on lots, or from the mains to said lots within existing or new subdivisions. No connection to the water distribution system or the sewer main shall be made until a permit therefor shall be issued by the Building Inspector and all such connections or service pipes and fixtures shall be constructed under and in accordance with the "Rules and Regulations, Sewer, and Water Hook-ups, Town of Wappinger, effective June 1, 1976" (including all addendums). b. The water service pipe or pipes from dwellings or other buildings within the districts to the curb valve shall be 'kept in good repair by the property owner and at his expense and shall be maintained so that said pipes and connections shall be free of leaks. Upon abandonment of the water service or demolition of the building, the water service shall be dug up and shut off at the curb valve by the property owner and at his expense after obtaining a permit for the same and upon inspection by the Building Inspector. (1) The Building Inspector shall notify the property owner in writing of any existing leaks in the water service between the curb valve and the meter or that the water service shall be dug up and shut off at the main because of the abandonment of the water service or demolition of the building or buildings serviced by water, and that such repairs or shut off shall be made within seven (7) days after the mailing of such notice by registered mail, return receipt requested, except that in the event of an emergency, as determined by the Building Inspector, in which case,the Building Inspector shall order the repairs to be made immediately. Upon failure of the property owner to act, the Building Inspector shall order the repairs or shut off made and the cost of making the repairs or shut off shall be paid for by the property owner. (2) If upon excavating the leak, it is found that the water service is pitted or crystallized to a point that permanent repairs cannot be made, then the Building Inspector shall order the water service replaced with new service pipe, and the cost shall be charged against the property owner. (3) Such repair costs or shut off costs as well as engineering and administrative costs if undertaken by the Town shall be assessed by the Building Inspector, and shall be a lien upon real estate, and ,if not paid within sixty (60) days after the billing date, shall be collected in the same manner as provided in this act for the collection of taxes or other charges or assessments, in default of their payment. (4) Any damage to existing corporation valves, water service pipes, curb valves or curb boxes occurring prior to completion of any construction, grading and permanent occupancy of dwellings or other buildings within the districts shall at the direction of the Building Inspector be repaired, replaced and/or paid for by the property owner or builder before water service to the dwelling or other place is permanently commenced and allowed. (c) The repairs and replacement to the water service from the corporation stop to the distribution main shall be made by the Town and the cost thereof shall be borne by the Town. (d) The domestic sewer from the dwelling to the paved portion of the roadway or curb or from other buildings within the districts to the same shall at all times be maintained by the property owner and at his -expense in the same manner and subject to the same Town remedies and enforcement powers as heretofore set forth for water connection pipes. The property owner shall be responsible for removing or otherwise remedying any and all obstructions or blockages which may occur in the sewer service lateral from the dwelling or other buildings within the districts to the district sewer main. All expenses relating to this responsibility shall be paid by the property owner. Section Three: The repairs and maintenance obligations described in the preceding sections shall be continual obligations and shall apply to all water and sewer service pipes previously installed in the Town of Wappinger as well as to those subsequently installed therein. Section Four: The finding by a court of competent jurisdiction of invalidity of any section, subdivision, paragraph, clause, sentence or phrase of the ordinance shall not affect the validity of any remaining portion as each such portion shall be deemed a separate and distinct provision. Section Five: To the extent that any prior local law, resolution or ordinance of the Town of Wappinger is inconsistent, this ordinance shall supercede the same. Section Six: This ordinance shall take effect in the manner prescribed by Town Law Section 130. IT IS RESOLVED, that a Notice of Hearing be published by the Town Clerk in the official newspaper of the Town of Wappinger calling for a hearing to be held on the day of April, 1984 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, at which time all interested persons shall be given an opportunity to be heard on the question of whether Section 97-2. shall be deleted and substituted by the new proposal. Offered by Councilman adoption; seconded by Councilman who moved its TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------- IN THE MATTER OF AN ORDINANCE REGULATING WATER AND SEWER SERVICE PIPES -------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 30, 1980, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Regulating Water and Sewer Service Pipes, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this / day f 1980. %.2CyLf 9 l � Notary Public t4 .ilk j9 )IC