A.
It shall be unlawful for any person to construct, alter, make major repairs, or enlarge a wastewater treatment system within the Town unless a wastewater treatment system permit ("permit") has been issued, except in the case of emergency repairs, as provided in § 129-17.
B.
Applications for a permit may be made only by the
property owner of the property for which the system is proposed or
his/her duly authorized agent or assign. Applications shall be in
writing signed by the applicant on such form as the Code and Zoning
Enforcement Officer shall determine. A fee as set by resolution of
the Town Board must accompany the application for a permit. In addition,
two stamped copies of the wastewater system plans prepared by a licensed
professional engineer will be required for new construction, additions
or alterations, repair or replacement of any type of absorption field
that involves relocating or extending an absorption area to a location
not previously approved for such. At the sole discretion of the Code
and Zoning Enforcement Officer, the repair or replacement of components
"in kind" or "like-for-like" may not require the involvement of a
licensed design professional.
C.
The Code and Zoning Enforcement Officer shall not
issue a permit unless:
(1)
All pertinent site data has been submitted, verified
and certified as required by this chapter, all permit fees have been
paid, and the Code and Zoning Enforcement Officer has determined that
the alteration, repair or construction as proposed in the application
complies with all specifications contained in this chapter; or
D.
The Code and Zoning Enforcement Officer shall disapprove
an application for a permit if he/she determines:
(1)
That the applicant has failed to supply all data necessary
to make a determination as to whether such wastewater treatment system
conforms to the requirements or specifications of this chapter.
(2)
That the wastewater treatment system, as proposed,
will not conform to the requirements or specifications of this chapter
or an order of the ZBA.
(3)
That the wastewater treatment systems, as proposed,
cannot comply with any prior subdivision, site plan, or Class A or
B regional project authorization for such locations.
(4)
That any required SPDES permit from the Department
of Environmental Conservation has not been issued.
A.
All wastewater must be discharged into the on-site
wastewater treatment system. Surface and subsurface water, including
roof, cellar, foundation and storm drainage shall be excluded from
such systems and shall be disposed of so they will in no way affect
the system, and are not discharged to surface waters or other waters
that would contravene water quality standards.
B.
No component of a subsurface absorption area shall
be located under driveways, roads, parking areas or areas subject
to heavy loading, or any paved area unless the absorption system is
structurally designed to support vehicular traffic and provide for
ventilation.
C.
No wastewater treatment system shall be allowed in
areas where flooding occurs.
D.
Most proposed absorption facilities shall not be located
where the final slope of stabilized soil exceeds 15%, but absorption
trench systems with stringent minimum horizontal and vertical separation
distances (i.e., 10 feet, nine feet, eight feet, or seven feet between
parallel trenches and two feet, three feet, or five feet between trench
bottom and high groundwater, bedrock, or impermeable soil, respectively)
may be constructed on sites with soil having a slope of greater than
15% to less than 20% and a soil percolation rate of one to 60 minutes
per inch. For absorption beds, the slope of the site shall not exceed
8%.
E.
Standards related to subdivision plats: All new building
lots not served by a public water supply shall be at least 20,000
square feet in area.
F.
Horizontal separation distances and systems layout
shall be governed by Department of Health requirements as set forth
in "Wastewater Treatment Standards Individual Household Systems,"
NYS Department of Health (10 NYCRR Appendix 75-A) which sets forth
the minimum horizontal separation distances required (See Appendix
A of this chapter[1]).
[1]
Editor's Note: Appendix A is located at the
end of this chapter.
G.
Standards for areas with special soil conditions:
(1)
The natural ground intended for the subsurface absorption
system must have a minimum depth of four feet of usable soil above
bedrock or impervious material. The separation distance to the seasonal
high groundwater table shall be at least two feet with two feet of
additional usable soil as backfill. When fractured bedrock is encountered,
the usable soil depth must be at least six feet.
(2)
Within 100 feet of the shoreline of a lake, pond,
river or stream: if the percolation rate is zero to three minutes
per inch, and usable soil is less than four feet or the depth to bedrock
or seasonal high groundwater is less than four feet, a leaching (absorption)
facility will not be permitted and an alternative on-site treatment
system will be required.
H.
A minimum of two soil percolation tests are required
for the site of a proposed absorption area. The percolation rate shall
be determined by the procedures described in Appendix B.[2] This test shall be conducted by the licensed design professional
and all appropriate information provided as described on Appendix
B.
[2]
Editor's Note: Appendix B is located at the
end of this chapter.
A.
The wastewater treatment systems classified as conventional
absorption systems shall be used on sites with adequate soil percolation
and vertical/horizontal separation distances to boundary conditions.
B.
The plan prepared by a licensed professional engineer
of the proposed treatment system and replacement areas shall contain
substantiating data indicating that the minimum standards set forth
in this chapter will be complied with. Such plans shall include the
delineation of the property lines and sources of water supply for
the property and adjoining properties and any surface water bodies
or wetlands within 100 feet.
C.
The Code and Zoning Enforcement Officer may require
certification or retesting to verify information submitted as part
of the application.
A.
At sites not suitable for conventional absorption
systems, consideration can be given to the construction of advanced
or alternative absorption systems to assure proper treatment of sewage
rather than to restrict use of land.
B.
All new or replacement advanced or alternative wastewater
systems, as defined by this chapter and further described in the New
York State Individual Residential Wastewater Treatment Systems Design
Handbook, shall be designed or approved by a licensed professional
engineer.
C.
The new or replacement absorption system may include
any alternative on-site treatment systems approved by the Department
of Health, including raised systems, mounds, intermittent sand filters,
evaporation-transpiration (ET) and evapotranspiration absorption (ETA)
systems, non-waterborne systems, and holding tanks.
D.
All advance absorption systems plans must include
an operation and maintenance manual and all manufacturers' recommendations
are to be followed in the installation, operation and maintenance
of the system.
E.
Advance absorption systems (i.e., aerobic treatment
units and media filters such as sand, textile, foam, peat, etc.) which
provide pretreatment before the absorption area, either in place of
or after the septic tank, shall be inspected annually by the manufacturer's
representative or other authorized service provider. A copy of the
maintenance contract shall be provided to the Code and Zoning Enforcement
Officer prior to permit being issued.
F.
The licensed professional engineer may propose an
advanced or alternative absorption wastewater disposal field that
is smaller than a conventional septic system absorption field. A backup
absorption field is not required for replacement systems utilizing
advanced on-site wastewater treatment.
A.
It shall be unlawful for any unauthorized person to
cover with soil or other material, or utilize, any wastewater treatment
system for which a permit has been issued unless a wastewater treatment
system use certificate ("certificate") has been issued.
B.
The holder of a permit shall notify the Code and Zoning
Enforcement Officer when the treatment system is ready for inspection.
The inspection shall be made as soon thereafter as practicable by
the Code and Zoning Enforcement Officer. The Code and Zoning Enforcement
Officer may also make inspections during construction to ensure that
the system is being installed in accordance with the terms of the
wastewater treatment system permit. Any part of any installation which
has been covered prior to final approval shall be uncovered upon order
of the Code and Zoning Enforcement Officer.
C.
A certificate shall not be granted until the Code
and Zoning Enforcement Officer has determined that the wastewater
treatment system has been installed in compliance with the terms of
the permit. The Code and Zoning Enforcement Officer shall make such
a determination only after he/she has made an on-site investigation
of the system or received a certification from the design professional
that the system conforms to the specifications as set forth in the
application and this chapter. The Code and Zoning Enforcement Officer
may withhold a determination until after an on-site investigation
has been completed notwithstanding that the system has been certified
as properly installed and designed.
Any permit issued pursuant to this chapter shall
be filed and duly recorded in the office of the Code and Zoning Enforcement
Officer.
Unless otherwise provided for in the permit,
all permits shall expire within one year of issuance. Once a permit
expires and the wastewater treatment system is not complete, a new
permit application is required.
