Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton 4-23-2013 by L.L. No. 9-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Water Quality Protection Fund — See Ch. 75.

§ 177-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
An eligible entity as defined herein.
COSTS
Includes those costs associated with the upgrade (defined herein) of an existing sanitary system, including, but not limited to, costs for labor, materials, and site restoration. Such costs shall not include financing or interest charges.
DENITRIFICATION
The process whereby nitrate-nitrogen is converted to nitrogen gas, which can then be liberated into the atmosphere. This reaction is the mechanism for removal of nitrogen from wastewater. For purposes of this chapter, denitrification shall include the further removal or reduction of nitrates in the groundwater.
ELIGIBLE ENTITY
Any person, estate, trust, beneficiaries of an estate or trust, partnership, or member of a limited-liability corporation, or a corporation or other legal entity which owns residential or nonresidential property which is eligible for the rebate established by this chapter for the costs of upgrading the sanitary system on the premises to current standards.
LAND USE APPROVAL
Those approvals required by the Town of Southampton or the Suffolk County Department of Health Services pursuant to an applicant's subdivision, site plan, variance, Conservation Board permit, building permit, Planned Development District, or change-of-zone request, or in furtherance of any SEQRA-related mitigation.
SUBSTANDARD SANITARY SYSTEM
Any sanitary system located within the Town of Southampton and constructed prior to January 1, 1981, which system has not been upgraded or repaired to meet the current requirements of the Suffolk County Department of Health Services, and the upgrade of which is entirely voluntary, and not required, conditioned upon, or pursuant to any land use approvals from the Town of Southampton or the Suffolk County Department of Health Services. (See § 177-2 below.)
UPGRADE
The voluntary removal, repair, or replacement of an existing substandard sanitary system with a system which meets the current Suffolk County Department of Health Services specifications for sanitary systems for the specific premises which the system services.
WATER QUALITY PROTECTION FUND
Pursuant to Town Code Chapter 75, the source of funding for the rebates described herein.

§ 177-2 Rebate and incentive program.

A. 
Eligibility.
(1) 
In order to claim the rebate established by this chapter, an applicant must be an eligible entity, as defined herein, and must upgrade an existing substandard sanitary system on residential or nonresidential property with a system which meets current Suffolk County Department of Health Services requirements. To be eligible, the upgrade shall be entirely voluntary and shall not be required, conditioned upon, or pursuant to any land use approvals from the Town of Southampton or the Suffolk County Department of Health Services.
(2) 
The upgrade of the sanitary system must result in the further denitrification of groundwater, as defined herein, and must be in compliance with all state and local laws and codes.
(3) 
In order to claim the rebate established by this chapter, an applicant must receive conditional approval from the Southampton Town Building Department, as described below.
(4) 
Where the applicant owns more than one eligible property, there shall be authorized one rebate for each eligible sanitary system upgrade.
B. 
Procedure for rebate. In order to claim the rebate established by this section, the applicant must:
(1) 
Submit a septic system upgrade notification form to the Town Building Department. Said form shall set forth the location, installation detail, and description of the upgrade of the septic system and shall include a certified estimate from the contractor who will perform said upgrade. No charge will be imposed for this form.
(2) 
Upon review and approval of said form, the Town Building Department shall issue the applicant a conditional approval. Said conditional approval shall serve to encumber the rebate monies attributable to the applicant's upgrade for a period of six months. Within said time, the applicant must complete the upgrade as described below in order to receive the rebate monies. A conditional approval may be extended for a period of up to sixty (60) days upon good cause shown and at the discretion of the Town Planning and Development Administrator.
(a) 
The conditional approval shall include a notice to the applicant that an upgraded sanitary system must be maintained in proper operating condition from the date of installation.
(3) 
Upon completing said upgrade, the applicant must submit the following to the Building Department for review and approval:
(a) 
A notarized certification, or Suffolk County Department of Health Services WWM-073 Form, from the contractor(s) who actually performed the upgrade, certifying that:
[1] 
The applicant's existing system was a substandard sanitary system as that term is defined herein; and
[2] 
The upgrade was performed in compliance with the requirements of the Suffolk County Department of Health Services.
(b) 
A voucher or receipt showing the actual cost the applicant paid for said upgrade;
(c) 
A W-9 Form, as well as a Supplier Master File Maintenance Form.
(4) 
Upon review and approval by the Building Department of the above documentation, payment of said rebate shall be made by the Town Comptroller.
C. 
Rebate amount and availability.
(1) 
Funds are available for disbursements of up to 50% of the cost of said upgrade, but in no case shall said disbursements exceed the following:
(a) 
For an alternate sewage disposal system, as that term is defined in the Suffolk County Department of Health Services Standards, and as may be updated and amended from time to time: $5,000;
(b) 
For a typical clustered disposal system, as that term is defined in the Suffolk County Department of Health Services Standards, and as may be updated and amended from time to time: $2,500.
(2) 
In those cases where the upgrade is located within a critical watershed management area and 200 feet of a water body, funds are available for disbursements of up to 60% of the cost of said upgrade, but in no case shall said disbursements exceed the following:
(a) 
For an alternate sewage disposal system, as that term is defined in the Suffolk County Department of Health Services Standards, and as may be updated and amended from time to time: $6,000;
(b) 
For a Typical Clustered Disposal System, as that term is defined in the Suffolk County Department of Health Services Standards, and as may be upgraded and amended from time to time: $3,000.
D. 
Rebate claim period. The ability to claim the rebate described in this chapter shall be retroactive to December 1, 2012. Rebates are available on a first-come, first-serve basis.