[Amended 1-23-2024 by L.L. No. 2-2024]
A. Appeals for failed systems shall follow the standard procedures that
are set forth below herein, with all appeals made to the Town Board
sitting as the local Board of Health.
B. Appeals of any actions, omissions, decisions, or rulings of the Code
Enforcement Officer shall be made, in writing, to the Town Board and
must be instituted within 30 days of the ruling from which relief
is sought.
C. Within 30 days of receipt of a written appeal of a decision or interpretation
by the CEO, the Town Board shall give notice of a public hearing to
be held on the appeal.
D. Within 30 days of final adjournment of a public hearing, the Town Board shall, based upon the findings set forth below in §
126-24.1 of this chapter, either affirm, modify or overrule the decision of the CEO.
E. The decision of the Town Board shall be in writing and shall contain
findings and the factual basis for each finding from the record of
the hearing, which shall support the decision of the Board. The Town
Board's discretion in considering an appeal under this chapter
shall not extend to granting variances from this chapter but shall
rather be limited to reviewing the Code Enforcement Officer's
interpretation or application of the terms hereof. Variances from
the substantive requirements (e.g., septic tank sizes, setback distances,
etc.) remain under the jurisdiction of the NYSDOH and the NYSDEC.
[Added 1-23-2024 by L.L. No. 2-2024]
A. Where practical difficulties or unnecessary hardships result from
the strict compliance with the requirements of this chapter and which
are inconsistent with the general purpose of this chapter or certain
provisions thereof are encountered, the property owner may appeal
an interpretation made by the Town Code Enforcement Officer (CEO)
of a failed system to the Town Board acting as the local Board of
Health.
B. The Town Board, in deciding upon an appeal of an interpretation by
the CEO, shall consider the following criteria when making its findings:
(1)
Whether the use or activity to be authorized is in harmony with
the purpose and intent of this chapter, the following considerations
will be determined:
(a)
Previous approvals and/or specific waivers that may have been
granted by the New York State Department of Health, or the Town Board
sitting as the local Board of Health; and
(b)
Distance separations to surface water and groundwater wells
to minimize pathogen, nutrient and/or other pollutant loading; and
(c)
The ability of the property owner to use the most recent approved
technology and the property owner's ability to maintain that
technology in a particular incident; and
(d)
Existing setback from property lines adjacent to the subject
property.
(2)
Whether a substantial change will be produced in the general
condition of the water quality or a substantial risk to groundwater
quality or quantity will be created because of the variance.
(3)
Whether the hardship or difficulty can be alleviated by some
other method that is feasible for the applicant to pursue.