Subject to the provisions of this chapter, the
use or maintenance of a preexisting wastewater treatment system may
be continued without a certificate provided it shows no evidence of
failure. But, it shall be unlawful to alter, make major repairs or
enlarge such systems except in conformity with the provisions herein.
[Amended 4-13-2009 by L.L. No. 1-2009]
A. Prior
to any property sale or conveyance for consideration, any existing
on-site wastewater systems shall be inspected by an individual meeting
the qualifications shown on Appendix E of this chapter, and a report of findings shall be provided
to the Codes and Zoning Enforcement Officer.
(1) The
report shall consist of the OTN System Inspection Information Request
and System Inspection Findings Worksheet as set forth in Appendix
D and, for purposes of this provision, the report shall
be good for two years from the date of inspection.
(2) In
the event that weather conditions reasonably prevent an inspection
and the submission of said report prior to sale/conveyance, the buyer
must provide the report to the Codes and Zoning Enforcement Officer
within 6 months of sale/conveyance and is responsible for any upgrades
necessary to obtain an approved wastewater system.
(3) Within
seven days of any such sale/conveyance, the buyer of any such property
shall send written notice to the Code and Zoning Enforcement Officer
advising of the closing date of such sale/conveyance.
(4) These
requirements shall not apply to:
(a) A property transfer of vacant land; or
(b) A property transfer of a parcel(s) which has had a new on-site wastewater
system installed within 36 months prior to the date of transfer.
B. If, based
upon the inspection report, the existing wastewater system is determined
to be a failure or does not otherwise meet the requirements of this
chapter, a written notice of violation shall be issued to the property
owner, and an approved wastewater treatment system permit must be
obtained within six months of any property sale/conveyance for consideration.
Properly functioning systems not otherwise in compliance with the
requirements of this chapter may be found to be acceptable upon approval
of a variance by the Zoning Board of Appeals.
C. If a lending
institution requires a property owner to obtain a wastewater treatment
system inspection and pumping of septic tank for refinancing, such
reports shall be filed with the Code and Zoning Enforcement Officer
and must be on the report format set forth in Appendix D.
D. Pursuant to §
129-25, failure to abide by these provisions shall be deemed a violation running, per day, from the date of the sale or conveyance of the property.
It shall be unlawful to make major repairs,
alter, enlarge or extend a preexisting wastewater treatment system
without an approved permit, except as follows: Emergency repairs — repairs
designed to prevent or abate an existing or imminent threat to public
health, safety or welfare caused or to be caused by on-site wastewater
treatment system. The Code and Zoning Enforcement Officer shall be
notified immediately of any such existing or imminent threat, and
in no case should this repair include enlarging the absorption area
or replacing or disconnecting septic tanks.