A.
It shall be unlawful to install, construct, alter,
replace, enlarge, extend, or otherwise modify any existing wastewater
treatment system until an on-site wastewater treatment system permit
issued by the authority having jurisdiction has been filed with the
Town Code Enforcement Officer.
[Amended 1-23-2024 by L.L. No. 2-2024]
B.
It shall be unlawful to change the use of real property or any building thereon, convey real property, expand a building or dwelling by increasing the number of bedrooms and/or bedroom equivalents, or increasing the building or dwelling square footage by greater than 25% of the square footage, or alter a building or dwelling such that the work exceeds 50% of the aggregate area of the existing building without an inspection of the existing on-site wastewater treatment system by a certified inspector, pursuant to Article II of this chapter.
[Amended 1-23-2024 by L.L. No. 2-2024]
C.
It shall be a violation of this chapter to use any
on-site wastewater treatment system that is in failure.
[Amended 1-23-2024 by L.L. No. 2-2024]
D.
It shall be unlawful to discharge anything but sewage
into an approved on-site wastewater treatment system. Surface and
subsurface water including roof, cellar, foundation and storm drainage
shall not be discharged into the on-site wastewater treatment system
and shall be disposed of so as to in no way affect the proper functioning
of the system.
E.
There shall
be no activities or conditions permitted which would interfere with
the proper operation of on-site wastewater treatment systems. It is
specifically prohibited to construct or place anything that would
impact the absorption area, including, but not limited to, buildings,
structures, paving, trees or shrubs, fill, the parking or crossing
by vehicles, swimming pools, driveways, or parking areas.
[Added 1-23-2024 by L.L. No. 2-2024]
F.
All new
on-site wastewater treatment systems or modifications to existing
on-site wastewater treatment systems shall be designed by a New York
State licensed design professional.
[Added 1-23-2024 by L.L. No. 2-2024]
[Amended 1-23-2024 by L.L. No. 2-2024]
Design standards to meet the requirements of this chapter are
as follows:
B.
New York State Department of Health's Appendix 75-A, Part 75
of Title 10 of the New York Code of Rules and Regulations (10 NYCRR)
for systems with a design load of less than 1,000 gallons per day.
C.
New York State Department of Environmental Conservation's New
York State Design Standards for Intermediate Sized Wastewater Treatment
Systems for systems with a design load equal to or greater than 1,000
gallons per day.
D.
In addition to the New York State design standards, the following
standards shall also be met for all dwellings:
(1)
The number of bedrooms and/or bedroom equivalents for design load
purposes, as follows:
(a)
Minimum design: two bedrooms.
(b)
Two bedrooms and/or bedroom equivalents of up to 1,200 square
feet of occupiable living space shall be designed as a two-bedroom
design load.
(c)
Three bedrooms and/or bedroom equivalents of 1,201 to 2,250
square feet of occupiable living space shall be designed as a three-bedroom
design load.
(d)
Four bedrooms and/or bedroom equivalents of 2,251 to 3,300 square
feet of occupiable living space shall be designed as a four-bedroom
design load.
(e)
Five bedrooms and/or bedroom equivalents of 3,301 to 4,050 square
feet of occupiable living space shall be designed as a five-bedroom
design load.
(f)
More than five bedrooms and/or bedroom equivalents of greater
than 4,050 square feet of occupiable living space: 110 gallons per
day per additional bedroom and/or bedroom equivalent shall be added
to the design load.
(g)
Final determination of design loading shall be by the authority
having jurisdiction.
(2)
Replacement of septic tanks and distribution boxes shall require
a building permit but do not need to be designed by a design professional,
provided such repairs are made to replace existing failed conditions.
All alterations to the absorption field shall also require a building
permit and a design completed by a design professional.
(3)
In addition to the approvals required herein, a review and approval
by the New York State Department of Health (NYSDOH), the New York
State Department of Environmental Conservation (NYSDEC) or the Ontario
County Soil and Water Conservation District may be required.
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
The parcel owner shall follow the procedures in Article IV of this chapter to bring their on-site wastewater treatment system into compliance to the greatest extent possible. The authority having jurisdiction shall have the ability to grant a local waiver to the requirements of the law on substandard lots if the applicant can prove that they have met the requirements to the greatest extent. The authority having jurisdiction shall take the following into consideration when determining if the on-site wastewater treatment system meets the design standards of § 126-21.1 to the greatest extent possible:
(1)
Previous approvals and/or specific waivers granted by NYSDOH or the
watershed inspectors; and
(2)
Distance separations to surface water and groundwater wells to minimize
pathogen, nutrient, and/or other pollutant loading; and
(3)
The ability to utilize the latest technology and the ability to maintain
that technology; and
(4)
Existing lot line setbacks and area requirements as related to individual
properties; and
(5)
The extent to which the limitations are self-created.
B.
Once the authority having jurisdiction has determined that the substandard system meets the design standards of § 126-21.1 to the greatest extent possible, the authority having jurisdiction shall provide the parcel owner with a building permit and a letter of acknowledgement stating that the parcel owner is meeting the design standards of § 126-21.1 to the greatest extent possible.
C.
Based on the system inspection, the authority having jurisdiction
shall notify parcel owners in a written letter that their system is
substandard. The letter will list all components of the system that
are substandard. The property owner will not be required to upgrade
the system unless it is in failure.
A.
Minor alterations to on-site wastewater treatment
systems shall not require a wastewater treatment permit provided such
repairs are made with like or similar materials so as to replace existing
conditions in need of repair and are done in a safe and sanitary manner.
B.
The design standards found in § 126-8 of this chapter shall not apply to existing on-site wastewater treatment systems legally installed, repaired or approved by the authority having jurisdiction, prior to the date of adoption of this chapter and after the dates identified in Subsection B(1) and (2) identified below, or those systems determined by the authority having jurisdiction to be adequately functioning.
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
On parcels with existing substandard on-site wastewater treatment systems that have topographic, physiographic, lot size or other site limitations that do not allow for meeting the design standards in § 126-21.1, the authority having jurisdiction shall require the parcel owner to meet the design standards within § 126-21.1 to the greatest extent possible.
B.
The parcel owner shall follow the procedures in Article IV of this chapter to bring their on-site wastewater treatment system into compliance to the greatest extent possible. The authority having jurisdiction shall have the ability to grant a local waiver of the requirements of the law on substandard lots if the applicant can prove that they have met the requirements to the greatest extent possible. The authority having jurisdiction shall take the following into consideration when determining if the on-site wastewater treatment system meets the design standards of § 126-7 to the greatest extent possible:
(1)
Previous approvals and/or specific waivers granted by NYSDOH or the
watershed inspectors; and
(2)
Distance separations to surface water and groundwater wells to minimize
pathogen, nutrient, and/or other pollutant loading; and
(3)
The ability to utilize the latest technology and the ability to maintain
that technology; and
(4)
Existing lot line setbacks and area requirements as related to individual
properties; and
(5)
The extent to which the limitations are self-created.
C.
Once the authority having jurisdiction has determined that the substandard system meets the design standards of § 126-7 to the greatest extent possible, the authority having jurisdiction shall provide the parcel owner with a letter of acknowledgement stating that the parcel owner is meeting the design standards of § 126-7 to the greatest extent possible. This letter of acknowledgement shall then be provided to the Town Code Enforcement Officer who shall issue a building permit to allow corrections to be made, in accordance with the design standards set forth within said letter of acknowledgement, for the substandard system. Said building permit shall be conditioned upon site inspections during construction by the authority having jurisdiction and shall remain valid for a period of six months. Upon completion of all components of the previously determined substandard system, a final inspection report shall be provided by the authority having jurisdiction to the Town Code Enforcement Officer. A certificate of compliance shall then be issued to the property owner(s).
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
All enhanced treatment systems (ETSs) are required to have a service contract with a certified manufacturer's representative, which provides for annual inspections or inspections at intervals specified by the manufacturer, whichever is stricter, as well as subsequent necessary adjustments by a certified manufacturer's representative for the life of the system. Within 10 days of an inspection, a written report, which documents the results of the inspection and provides a written certification from the certified manufacturer's representative that the system is fully functional and operating properly and is under a service contract, shall be sent to the authority having jurisdiction. Failure to hold a service contract, complete the required inspections, send the required inspection reports to the authority having jurisdiction, and/or complete the certified manufacturer's representative's maintenance schedule is a violation of this chapter and shall be punishable according to Article VIII of this chapter.
B.
Septic tanks. All tanks shall meet the design standards contained
in New York State Department of Health's Appendix 75-A of Part
75 of Title 10 of the New York Code of Rules and Regulations (10 NYCRR).
The owner shall have a contract for service with an NYSDEC-permitted
septage waste transporter to pump the septic tank as needed. A copy
of all pump-out records shall be submitted to the authority having
jurisdiction. At no time will sewage discharge from the tank to the
surface, ground, or surface water be allowed.
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
The authority having jurisdiction shall require an on-site inspection
of an existing on-site wastewater treatment system as follows:
(1)
Prior to a change of use or transfer of title to the property, the
owner of the property shall arrange for an on-site wastewater treatment
system inspection before any change of use or change of ownership
is undertaken. The authority having jurisdiction shall determine whether
the change represents an increased hydraulic loading to the system.
In instances where a site plan approval, special use permit, conditional
use permit, or zoning variance is required, the authority having jurisdiction
shall incorporate the on-site wastewater treatment system inspection
report into the appropriate review process of the Planning Board or
Zoning Board of Appeals.
(2)
Prior to a conveyance of real property, the owner of the parcel shall
arrange for an on-site wastewater treatment system inspection. For
conveyance of real property, the inspection must be completed at least
10 days and not more than six months prior to the transfer of property.
The inspection report must be filed with the authority having jurisdiction,
the Town Development office, the current owner, and the proposed new
owner prior to the transfer of property. It shall be a violation of
this chapter to not have the property inspected prior to the conveyance
of real property. If the required inspection does not occur prior
to the conveyance of real property, then the authority having jurisdiction
will inspect the system following the access procedures defined in
this chapter.
(3)
Prior to the expansion of a building or dwelling that will increase
the number of bedrooms and/or bedroom equivalents or increase the
building or dwelling square footage by greater than 25% or alter a
building or dwelling such that the work area exceeds 50% of the aggregate
area of the existing building.
(4)
Prior to any modifications made to the absorption field or any change
in the treatment system type.
B.
Inspection procedure.
(1)
All existing on-site wastewater treatment systems requiring an inspection
pursuant to this chapter shall be performed by a certified inspector.
(2)
The authority having jurisdiction reserves the right to observe any on-site wastewater treatment system inspection completed by a certified inspector following the procedures identified in Article IV of this chapter.
(3)
The authority having jurisdiction shall have 30 days to review the
inspection report and notify the parcel owner of their findings. If
the authority having jurisdiction deems the inspection or the associated
report to be inadequate or incomplete, the authority having jurisdiction
will notify the parcel owner by a letter within 30 days from when
the report was received. The system shall be reinspected, and an inspection
report shall be sent to the authority having jurisdiction. The system
shall be considered incomplete until an adequate inspection report
is submitted to the authority having jurisdiction.
C.
Report of inspection findings.
(1)
Upon completion of the inspection, the certified inspector shall
document all procedures and furnish the owner with a report of findings.
(2)
All inspection reports must be filed with the authority having jurisdiction within 30 days of the inspection's completion. Failure to submit the report to the authority having jurisdiction shall be considered a violation of this chapter and shall be punishable according to Article VIII of this chapter. The system shall be considered uninspected until an adequate inspection report is submitted to the authority having jurisdiction.
(3)
The authority having jurisdiction shall have 30 days to review the
inspection report and notify the parcel owner of their findings. If
the authority having jurisdiction deems the inspection report adequate,
the authority having jurisdiction shall notify the parcel owner by
letter, stating that the inspected on-site wastewater treatment system
is determined to be either adequately functioning, a substandard system,
or in failure. The report of findings by the certified inspector shall
be attached and may be used to support the determination.
(4)
All reports shall include photographs of the distribution box and
tank.
[Amended 1-23-2024 by L.L. No. 2-2024]
A.
The Code Enforcement Officer shall have the authority to require
the property owner to retain the services of a design professional
to conduct site and soil appraisals (e.g., percolation tests and deep
hole tests) and to document said appraisals. The design professional
shall certify that the on-site wastewater treatment system is being
installed or replaced and meets the requirements of this chapter and
the standards of applicable state laws.
B.
The results of all site and soil appraisals, system design plans
and certification(s) of installed on-site wastewater treatment systems
shall be filed in the property file located within the Town Development
office.
C.
The Town Board shall contract with the Ontario County Soil and Water Conservation District Office through its Uniform Procedures Program for inspections performed pursuant to § 126-19 of this chapter.
D.
All costs associated with site and soil appraisals and inspections
referenced above herein shall be charged to the property owner.
A.
The authority having jurisdiction shall be permitted
by the property owner to make a physical inspection of the lands and
premises for which an on-site wastewater treatment system permit or
inspection has been requested, in order to determine that all of the
requirements of this chapter have been complied with.
B.
The authority having jurisdiction, upon complaint
or show of cause, shall be permitted by the property owner to make
a physical inspection of the lands and premises for which an on-site
wastewater treatment system is believed to be a cause or potential
cause of pollution or health hazard.
