A.
Well testing is hereby required for all residential properties, as that term is defined in this chapter, which are provided with water supply from a well as defined in this chapter. Residential properties existing, lawfully occupied and serviced by a well as of the effective date of the local law enacting this chapter shall be the subject of testing, the filing of results, and dissemination of results in the manner required in § 11-6 of this chapter as a precondition of sale or exchange of the property for valuable consideration. No Town officer or agency shall prepare and release any reports, opinions or work product requested in connection with the sale or exchange of such residential properties, including but not limited to departmental searches with regard to building permits, certificates of occupancy, zoning or building history or violations of record, until and unless there has been compliance with the well testing, post-test filing, and dissemination requirements. Further sales or exchanges of such properties shall also be subject to the testing, filing and dissemination requirements of this chapter, except as those requirements are limited where applicable by the provisions of Subsection B. For all other residential properties to be serviced by a well, compliance with the well testing, filing, and dissemination requirements of this chapter shall be met as a precondition of lawful occupancy of, and the issuance by a Town official of a certificate of occupancy for, all or any portion of such property; once lawfully occupied upon compliance with this chapter, such property shall be subject to subsequent testing, filing and dissemination requirements as a precondition to sales or exchanges, except as those requirements are limited where applicable by the provisions of Subsection B.
B.
If the well testing results obtained and timely filed include the laboratory's certification that the property's well water source conforms to the qualitative standards set forth in § 11-6 of this chapter, such certification results timely filed with the Town shall be deemed to exempt further testing and filing requirements during a period of three years from the date of filing of the test results with the Town's administrator of this chapter.
A.
Well testing is hereby required for all residential rental properties, multifamily residential rental properties and nonresidential properties, as defined in this chapter, which are provided with water supply from a well as defined in this chapter. Such properties existing, lawfully occupied and serviced by a well as of the effective date of the local law enacting this chapter shall be the subject of testing, the filing of results, and the dissemination of results in the manner required in § 11-6 of this chapter, on or before June 1, 2008; for such properties, except as provided in Subsection B, subsequent testing, filing and dissemination shall take place by June 1 of each succeeding year. For all other residential rental properties, multifamily residential rental properties and nonresidential properties to be serviced by a well, compliance with the well testing, filing, and dissemination requirements of this chapter shall be met as a precondition of lawful occupancy of, and the issuance by a Town official of a certificate of occupancy for, all or any portion of the property; for such properties, except as provided in Subsection B, subsequent testing, filing and dissemination shall take place no later than the anniversary date of issuance of the certificate of occupancy authorizing the property to be used as a residential rental property, multifamily residential rental property and/or nonresidential property. No Town officer or agency shall prepare and release any reports, opinions or work product requested in connection with the sale or exchange of such properties for valuable consideration, including but not limited to departmental searches with regard to building permit, certificate of occupancy, zoning or building violations of record, until and unless there has been compliance with well testing, post-test filing, and dissemination requirements required by this chapter.
B.
If the well testing results obtained and timely filed include the laboratory's certification that the property's well water source conforms to the qualitative standards set forth in § 11-6 of this chapter, such certification results timely filed with the Town shall be deemed to extend for two years from the date by which the next succeeding testing and filing is to be performed.
A.
Each well test sample shall be taken and analyzed in accordance with
the protocol and for the listed parameters forming a part of this
chapter as Appendix A[1] or as it may be hereafter amended from time to time.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Analytic testing shall be performed by a New York State certified
laboratory, and shall be in a form which clearly states and certifies
which testing parameters, if any, exceed the qualitative standards
established within this chapter.
C.
The maximum contaminant levels for the identified well water parameters
shall be the same as set forth in Part 5 of the New York State Sanitary
Code.
D.
The test results and laboratory certification shall be filed with
the office of the Director of Development of the Town of Fishkill,
together with proof that a copy was forwarded to the Dutchess County
Department of Health and a list of all then-existing owners, tenants,
other occupants or contract vendees, if any, of the subject property
and proof that each such person or entity was provided with a copy
of the laboratory test results and certification. Tests results shall
be available for public inspection and reproduction at the Town Hall
in the same manner as other public documents.
Real properties serviced by a community or noncommunity water
supply system, as defined in Section 5-1.1 of the New York State Sanitary
Code, shall be exempt from the requirements of this chapter.
