All extensions to the sanitary sewer system owned and maintained by the Town shall be properly designed in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes Upper Mississippi River Board of State Sanitary Engineers and in strict conformance with all requirements of the New York State Department of Health. Plans and specifications for sewer extensions shall be submitted to and approval obtained from the Engineer and New York State Department of Health before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the Town under public contract if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of Article IV. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in Article X. Property owners may, in accordance with applicable law, propose sewer extensions within the Highland Sewer District or other parts of the Town by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Town Board.
If the Town does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension if this extension is approved by the Town Board in accordance with the requirements of this article. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as required by this chapter, and the inspection fees shall be paid. Design of sewers shall be as specified in § 85-30. The installation of the sewer extension must be subject to full-time inspection by the Town Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Town Engineer's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 85-32 before it is to be used. The cost of the sewer extension thus made shall be absorbed by the developers or the property owners, and thereafter the property owners will be subject to a sewer service charge proportional to their use of trunk sewers and treatment plant and their proportion of operational and maintenance costs as outlined in Article X.
Sewer design shall be in accordance with the following provisions.
Pipe shall be of a type approved by the Town Engineer.
Pipe shall be firmly and evenly bedded on a minimum of three inches of No. 1A or No. 1 crushed stone (New York State Department of Transportation specification).
Pipe thickness and field strength.
Manholes shall be constructed at all changes in slope alignment or at intervals not exceeding 400 linear feet. The manholes shall be constructed with a poured three-thousand-pound-per-square-inch concrete base, steel-troweled concrete or mortar inverts and precast four-foot-diameter concrete manhole barrel sections and a tapered top section. The manhole frame and cover shall be the standard design of the Town and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation.
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the Town. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipeline under test and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements. Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end or in one of the sewer manholes available for measurement.
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered approved but in no event shall they exceed 100 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than two hours in either type of test.
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch-diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours for forty-eight-inch-diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Town Engineer, shall become the property of the Town and shall thereafter be maintained by the Town. Said sewer extensions, after their acceptance by the Town, shall be guaranteed for one year. The guaranty shall be in a form provided for by the Town. At the sole discretion of the Town, a completion bond or certified check may be demanded as part of the guaranty.
[Amended 4-29-1987 by L.L. No. 4-1987]
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the improvement boundaries unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers.
All new developments and all new construction shall be equipped with ultra-low-volume toilets with a maximum tank size or flush capacity of 1.6 gallons of water per flush or less and shower heads with a maximum flow capacity of 2 1/2 gallons per minute.
[Amended 10-26-1994 by L.L. No. 5-1994]
Appeals from standards more restrictive than state building and fire code standards.
[Added 10-26-1994 by L.L. No. 5-1994]
The Zoning Board of Appeals of the Town of Lloyd shall have the jurisdiction and power to hear and make a determination on appeals from compliance with the standards set forth in this article where such local standards are more restrictive than state codes, pursuant to the procedure set forth in this section. The Zoning Board of Appeals shall not assume jurisdiction over nor interpret or modify any provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code) nor shall it, in any manner, substitute for the Regional State Boards of Review with respect to Uniform Code provisions.
The grounds for appeal shall be limited to the following:
Undue economic hardship.
Restriction from the achievement of a valid local, state or federal policy.
Physical or legal impossibility.
Impediment to the intended objective of the regulations.
Unnecessary, in the light of viable alternatives which meet the intended objective of the more restrictive local standard set forth in this article.
Appeal must be taken by filing a petition within 30 days of the date a final written determination was mailed by the local official charged with enforcing the standards appealed from to the petitioners. Such petition shall be in writing and be filed with the Zoning Board of Appeals by filing it with such Board's clerk or administrative assistant in the Town Hall.
The Zoning Board of Appeals shall hold a public hearing within 62 days of the date of the filing of the appeal petition and shall give notice to the petitioners by certified mail and to the public by publication in the official Town newspaper, a minimum of 10 days prior to such hearing, of such hearing setting forth time, place and purpose of the public hearing.
All evidence and affidavits are to be submitted at the public hearing, and the Board may take such additional information offered at the hearing that is not available then at any time up to 10 days prior to the making of a decision.
The Board may deliberate and make a decision at the hearing or may close the hearing and make a written decision setting forth the reasons thereof within 62 days from the date of the public hearing.
Any aggrieved party may appeal from the Board's decision, pursuant to Civil Practice Law and Rules Article 78, to the New York State Supreme Court by service of a notice and petition, pursuant to Civil Practice Law and Rules Article 78, within 62 days of the date that the written decision of the Zoning Board of Appeals is filed with the Town Clerk.
Any member of the Zoning Board of Appeals who is in a family business or professional relationship with the applicant must recuse himself/herself from the appeal proceedings.