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Village of Fairport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 8-3-1959 (Ch. 40 of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 215.
Sewer rents — See Ch. 395.
Solid waste — See Ch. 425.
Storm sewers — See Ch. 433.
Stormwater management — See Ch. 439.
Subdivision of land — See Ch. 455.
Swimming pools — See Ch. 462.
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C. expressed in parts per million by weight.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
DPW FOREMAN
The Department of Public Works Foreman of the Village of Fairport, or his authorized deputy, agent or representative.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater and surface water and drainage, but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
Shall is mandatory; may is permissive.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the Village of Fairport or in any area under the jurisdiction of said Village, any human or animal excrement, garbage, or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the Village of Fairport or in any area under the jurisdiction of said Village, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for disposal of sewage.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Village of Fairport and abutting on any street or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Village, is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that said public sewer is accessible and available.
A. 
Where a public sanitary or combined sewer is not available under the provisions of § 400-2D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
B. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the DPW Foreman. The application for such permit shall be made on a form furnished by the Village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the DPW Foreman. A permit and inspection fee, as set forth in the fee schedule adopted by resolution by the Board of Trustees of the Village of Fairport, shall be paid to the Village Treasurer at the time the application is filed.[1]
[Amended 6-12-1995 by L.L. No. 2-1995]
[1]
Editor's Note: The fee schedule is on file in the office of the Village Clerk.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the DPW Foreman. He shall be allowed to inspect the work at all stages of construction, and in any event the applicant for the permit shall notify the DPW Foreman when the work is ready for final inspection and before any underground portions are covered. The inspection shall be within 72 hours of the receipt of notice by the DPW Foreman.
D. 
The type, capacities, location and layout of private sewage disposal system shall comply with all recommendations of the Monroe County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
E. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 400-2D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.
G. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the DPW Foreman.
B. 
There shall be two classes of building sewer permits, one class for residential and commercial service and another class for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the DPW Foreman. A permit and inspection fee, as set forth in the fee schedule adopted by resolution by the Board of Trustees of the Village of Fairport, for a one-family or two-family dwelling and for a multifamily dwelling, commercial or industrial shall be paid to the Village Treasurer at the time the application is filed.[1]
[Amended 7-12-1976 by L.L. No. 6-1976; 8-11-1986 by L.L. No. 2-1986; 6-12-1995 by L.L. No. 2-1995]
[1]
Editor's Note: The fee schedule is on file in the office of the Village Clerk.
C. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
E. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the DPW Foreman, to meet all the requirements of this chapter.
F. 
The building sewer shall be of extra-heavy cast-iron soil pipe, ASTM Specification A74, or its equal, with lead joints.
G. 
The size and slope of the building sewer shall be subject to the approval of the DPW Foreman, but in no event shall the diameter be less than four inches. The slope of such six-inch pipe shall be not less than 1/4 inch per foot.
H. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipes and fittings.
I. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by an approved artificial means and discharged to the building sewer.
J. 
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the DPW Foreman. Pipe laying and backfill shall be performed in accordance with ASTM Specification C12, except that no backfill shall be placed until the work has been inspected.
K. 
All joints and connections shall be made gastight and watertight. Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification QQ-L-156, not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coating shall be permitted on the jointing material until after the joint has been tested and approved.
L. 
The connection of the building sewer into the public sewer shall be made at the Y-branch if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less and no properly located Y-branch is available, the owner shall at his expense install a Y-branch in the public sewer at the location specified by the DPW Foreman. Where the public sewer is greater than 12 inches in diameter and no properly located Y-branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45º. A forty-five-degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the DPW Foreman.
M. 
The applicant for the building sewer permit shall notify the DPW Foreman when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the DPW Foreman or his representative.
N. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer one year after the adoption of this chapter.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the DPW Foreman. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the DPW Foreman, to a storm sewer or natural outlet.
C. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any liquid or vapor having a temperature higher than 150º F.
(2) 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
(3) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(6) 
Any waters or waste having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(7) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, or which constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant.
(8) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
D. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the DPW Foreman, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the DPW Foreman and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
E. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
F. 
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, or containing more than 350 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in § 400-5C, or having an average daily flow greater than 2% of the average daily sewage flow of the Village, shall be subject to the review of the DPW Foreman. Where necessary in the opinion of the DPW Foreman, the owner shall provide, at his sole expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum limits provided for in § 400-5C, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of both the DPW Foreman and the Monroe County Department of Health, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
G. 
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. 
When required by the DPW Foreman, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the DPW Foreman. The manhole shall be installed by the owner at his sole expense and shall be maintained by him so as to be safe and accessible at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in § 400-5C and F shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for in § 400-5H or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point where the building sewer is connected.
J. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The DPW Foreman and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
A. 
Any person found to be violating any provision of this chapter except § 400-6 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $250 or by imprisonment for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Any person violating any of the provisions of this chapter shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
Where sewers are available for connection by establishments outside the Village, such establishments shall be subject to all provisions of this chapter and, in addition, shall pay a sewer rental charge which shall be established by the Board of Trustees of the Village of Fairport.