[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 11-6-1978 by L.L. No. 4-1978. Amendments noted where
applicable.]
It is the purpose of this chapter to regulate the location,
installation, construction,[1] repair and use of individual sewage systems in the Village
of Greenwood Lake, County of Orange, State of New York.
[1]
Editor's Note: Construction of sewer facilities is regulated
by the State Sanitary Code. The provisions of this Local Law No. 4-1978,
as adopted, Section 5.1 through 5.1.11, which dealt with construction
standards, have been omitted by reason of the supersession of said
State Code.
This chapter shall be known as the "Sewage Disposal Law" of
the Village of Greenwood Lake.
As used in this chapter, the following terms shall have the
meanings indicated:
The legally designated Building Inspector or Assistant Building
Inspector appointed by the Village Board of Greenwood Lake, who shall
have the right to review any plans and/or refer same to the Village
Engineer, Public Health Officer and/or the County or State Department
of Health for additional review.
A sewage disposal system which receives either human excreta
or liquid waste, or both, from an individually owned residence or
place of business, and shall include and apply to all portions of
said system exterior to the foundation walls of any building. Included
within the scope of this definition are septic tank soil-absorption
systems, privies and chemical-type toilets and such other types as
may be prescribed in this chapter or in county and/or state department
of health codes.
Any institution, public or private corporation, individual,
partnership, association or other entity.
The legally designated Public Health Officer appointed by
the Village Board of Greenwood Lake, who shall be a physician licensed
to practice medicine in the State of New York.
It is the purpose of this chapter to promote the health, safety
and general welfare of the residents of the Village of Greenwood Lake
by a more efficient supervision and regulation of the installation,
construction, repair and maintenance of individual sewage systems
within the incorporated boundaries of the Village of Greenwood Lake.
Wastes from these systems shall be disposed of so that:
A.
Drinking water supplies will not become endangered and will not be
contaminated.
B.
Breeding places for insects, rodents and other possible carriers
which may come in contact with food and drinking water will not be
created.
C.
A health hazard will not be created as the result of sewage exposed
on the surface of the ground being accessible to children.
D.
State laws or other governmental regulations governing water pollution
or sewage disposal will not be violated. It is required that all necessary
permits from federal, state and local governments shall be obtained
prior to approval of any proposal made under this regulation.
[Amended 11-20-1979 by L.L. No. 6-1979]
E.
Waters of any bathing beach or other recreational area or fish-breeding
ground will not be polluted.
F.
A nuisance resulting in obnoxious odors and unsightliness will not
be caused.
A.
The installation, construction, use or maintenance of any privy,
privy vaults, septic tanks, cesspool, leaching pool, pipe or other
system of sewage disposal, existing or proposed, is prohibited except
as hereinafter provided: Within a period not exceeding 180 days from
the date of adoption of this chapter, the owner of any property upon
which is now maintained an outside privy and/or privy vault or any
outside toilet facility, whether part of a privy and/or privy vault
or septic disposal system, shall discontinue the use of same. Upon
discontinuance thereof, the privy shall be removed and the privy vault
or septic vault or septic tank shall be emptied, cleaned, disinfected
and filled with clean earth and tamped down level with the adjoining
ground so as not to create a depression. The removal and discontinuance
of such privy and privy vault, septic tank and septic system shall
be approved by the Building Inspector.
B.
Nothing in this section shall be construed to apply to the continued
use and maintenance of any outside enclosed toilet facility constructed
in accordance with the provisions of this chapter and/or in accordance
with County of Orange or State of New York Department of Health regulations
requiring such outside toilet facilities to serve the public for commercially
or municipally owned and/or operated beaches, marinas, pools, picnic
groves and parks, nor shall it be construed to apply to beaches or
lakefront properties used for bathing in residentially zoned areas
of the Village of Greenwood Lake by residents owning such beaches
or lakefront properties in common or through associations, affiliations
or nonprofit corporations where such outside toilet facilities are
required by this chapter or by regulations of the County of Orange
and/or the State of New York Department of Health.
[Amended 11-15-2010 by L.L. No. 3-2010]
Any building or structure intended for human occupancy shall
contain lavatory facilities, including a toilet and wash basin, and
in any kitchen, a sink. Said facilities shall be connected to a sewage
disposal system which shall be installed and maintained in strict
accordance with the provisions of this chapter. Lavatory facilities,
including toilets, sinks, tubs and showers, shall be properly maintained
and connected to a proper disposal system as approved by the Building
Inspector.
A.
It shall be unlawful for any person to construct, alter, repair or
extend individual sewage disposal systems within the Village of Greenwood
Lake unless he holds a valid permit* issued by the Building Inspector
in the name of such person for the specific construction, repair,
alteration or extension proposed.
B.
All applications for permits shall be made to the Building Inspector,
who shall issue a sewage permit* upon compliance by the applicant
with the provisions of this chapter and any regulations adopted hereunder.
Except as otherwise provided, a fee as shall be set from time to time
by resolution of the Board of Trustees[1] shall be paid to the Building Inspector at the time of
the filing of the application.
[Amended 11-16-2009 by L.L. No. 7-2009]
|
*NOTE: This sewage permit as issued by the Building Inspector
is in addition to the building permit usually required for building
construction and shall be obtained prior to construction, alteration
or extension of the residence or facility to be served.
|
[1]
Editor's Note: The current Fee Schedule is on file in the
Village offices.
C.
The Building Inspector may refuse to grant a permit for the construction
of an individual sewage disposal system where public or community
sewerage systems are reasonably available.
D.
Applications for permits shall be in writing, shall be signed by
the applicant and shall include the following:
(1)
Name and address of the applicant; and lot, block and section number
of the property upon which the construction, repair, alteration or
extension is proposed.
(2)
A complete plan of the proposed disposal facility, with substantiating
data, if necessary, attesting to its compliance with the minimum standards
of this chapter. Said plan, when deemed necessary, shall be designed
by a professional engineer licensed in the State of New York.
(3)
Such further information as may be required by the Building Inspector
to substantiate that the proposed construction, repair, alteration
or extension complies with regulations promulgated under this chapter.
E.
Repairs, alterations, and construction of dry wells is not permitted
in the Village of Greenwood.
[Amended 11-16-2009 by L.L. No. 7-2009; 11-15-2010 by L.L. No. 3-2010]
F.
All permits issued under this chapter for sewage disposal system
repairs, alterations or extensions shall be valid only for the specific
sewage system for which application was made, and all such permits
shall expire six months from date of issuance.
Any person whose application for a permit under this chapter
has been denied may request and shall be granted a hearing before
the Village Board of Trustees within 30 days after receipt of the
request.
A.
The Building Inspector and/or Assistant Building Inspector and/or
the Public Health Officer of the Village of Greenwood Lake are authorized
to make such inspections as are necessary to determine satisfactory
compliance with this chapter and regulations promulgated thereunder.
B.
It shall be the duty of owner or occupant of a property to permit
the Building Inspector, the Assistant Building Inspector and/or the
Public Health Officer of the Village of Greenwood Lake free access
to the property at reasonable times during the working day for the
purpose of making such inspections as are necessary to determine compliance
with the requirements of this chapter and the regulations promulgated
thereunder.
It shall be unlawful for any person, firm, association, partnership
or corporation, either as owner, lessee, occupant or agent in charge
of premises, to:
A.
Cause, allow or permit the discharge of sewage or waste, including
wastewater, from any house or building in the Village of Greenwood
Lake into or upon any highway, public ground, private way, ditch,
surface or subsurface, either public or private.
B.
Install, construct or maintain any septic tank, leaching pit, pool,
pipe or any other means of sewage disposal without proper permit and
in violation of the provisions of this chapter.
C.
Refuse, bar or otherwise impede the Building Inspector, the Assistant
Building Inspector and/or the Public Health Officer of the Village
of Greenwood Lake from free access to the premises at reasonable times
during a working day for the purpose of making such inspections as
are necessary to determine compliance with the requirements of this
chapter and the regulations promulgated thereunder.
D.
Cause, allow or permit the discharge of sewage or waste, including
wastewater from washing machines, showers, tubs, sinks and car-washing
operations, from any house or any other structure in the Village of
Greenwood Lake into or upon any highway, public ground, private way,
ditch, surface ground area, public or private, or into the waters
of Greenwood Lake directly or through its tributaries, streams and
brooks or through the drainage system of the Village of Greenwood
Lake.
E.
Use as part of any sewage disposal system chlorination facilities
of any kind.
F.
Allow or permit discharge of roof leaders or footing drains into
any sewage disposal system. Such drainage must be discharged in a
manner approved by the Building Inspector.
Any order to remedy violations shall be issued by the Building
Inspector for all violations of this chapter or regulations promulgated
thereunder where remedial action must be taken. An order to remedy
violations may also be issued for violations of county or state health
and sanitation laws or codes. All orders to remedy violations shall
be issued clearly stating the violation and the date whereby the violation
shall be corrected and abated. Said date shall take into consideration
the type of health nuisance that exists; the imminence of danger to
the health, safety and welfare of the inhabitants of the Village of
Greenwood Lake that the condition is creating and the availability
of contractors and equipment required to abate the condition within
the date specified for abatement in the order to remedy violation.
[Amended 7-6-1983 by L.L. No. 7-1983]
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
In the event of the failure, neglect or refusal of any owner,
occupant, lessee or other person in charge of any premises within
the Village of Greenwood Lake to correct or remove any violation of
this chapter within 24 hours after the same has been certified by
the Public Health Officer of the Village of Greenwood Lake and the
Village Board of Health as being of serious and imminent danger to
the health, safety or welfare of any of the inhabitants of this Village,
then the Board of Trustees is authorized to have the necessary work
performed to correct the condition and to assess the cost of said
work against the land upon which the improvement has been made, and
the same shall become a lien against said land, subject to collection
in the same manner as for unpaid taxes. This remedy shall be exclusive
of that provided by any other provision of this chapter.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health law, ordinance or code of the Village of Greenwood Lake
existing on the effective date of this chapter, the provision which
establishes the higher standard for the promotion and protection of
the health, safety and welfare of the people shall prevail. In any
case where a provision of this chapter is found to be in conflict
with a provision of any other law, ordinance or code of the Village
of Greenwood Lake existing on the effective date of this chapter which
establishes a lower standard for the promotion and protection of the
health and safety of the people, the provisions of those laws, ordinances
or codes are hereby declared to be repealed to the extent that they
may be found in conflict with this chapter.
[Added 4-2-2001 by L.L. No. 2-2001]
Whereas, in accordance with the provisions of § 85-4 of this chapter, the health, safety and general welfare of the residents of the Village of Greenwood Lake, Inc., require the efficient supervision and regulation of the individual sewage systems existing within the Village of Greenwood Lake, Inc., effective June 1, 2001, no individual sewage system are permitted unless:
A.
A permit for such individual sewage system has been applied for and granted, pursuant to § 85-7 of this chapter; and such permit has been properly closed out; and
B.
Proof is submitted to the Building Inspectors, to the satisfaction
of the Building Inspector, that within the last three years:
(1)
The subject individual sewage system has been tested and found to
be functioning properly, which proof must include a description of
the individual sewage system specifying its exact location, capacity
and operating characteristics; and
(2)
The septic tank, cesspool, privy vault or other containing device,
which serves the subject individual sewage system, has been emptied
by a properly licensed individual or business entity.
C.
This requirement to provide proof of a proper functioning and emptying
of the system will continue to be an ongoing requirement so that,
as a minimum, each individual sewage system will undergo and pass
a function test, and be emptied, within every three years.
