[Adopted 3-10-2005 by L.L. No. 8-2005]
Under the County Sanitary Code, the separate
sewage disposal system to serve a new building or structure is subject
to County Health Department approval, including for new dwellings
on undeveloped lots, teardowns to the foundation walls, and expansions
which add new bedrooms. The County Health Department advises that
its approval may be required in additional circumstances as defined
in local regulation. In order to protect the public health, safety
and welfare, preserve water quality and protect the environment, this
article requires the review and approval, as may be required, of the
septic system in certain additional instances as permitted by the
County Health Department.
For the purposes of this article, unless the
context otherwise clearly requires, the following terms shall have
the following meanings:
The replacement of the foundation of an existing dwelling
in the exact location and footprint of the existing dwelling, or the
replacement of the dwelling either in its entirety or of a major part
that is removed down to the "at grade," first-level floor joists,
as determined by the Building Inspector.
As defined in § 170-3 of the Code of the Town of Somers.
Any construction of a dwelling on a vacant or undeveloped
lot, or any alteration or expansion of an existing dwelling that results
in a gross floor area increase of 1,500 square feet or more, or any
alteration or expansion of an existing dwelling that results in an
increase in gross floor area within any five-year period, as follows:
An increase of 20% or more in the gross floor
area of an existing dwelling that is located on a lot with an area
of 10,000 square feet or on a smaller lot;
An increase of 30% or more in the gross floor
area of an existing dwelling that is located on a lot with an area
greater than 10,000 square feet, but not larger than 40,000 square
feet;
An increase of 40% or more in the gross floor
area of an existing dwelling that is located on a lot with an area
greater than 40,000 square feet, but not larger than 80,000 square
feet;
An increase of 50% or more in the gross floor
area of an existing dwelling that is located on a lot with an area
greater than 80,000 square feet.
A.
Westchester County Health Department septic system
review and approval, as may be deemed necessary by the Westchester
County Health Department, shall be required for any of the following:
(1)
The new construction of a dwelling;
(2)
A complete teardown and dwelling replacement;
(3)
The relocation of an existing bedroom or the change
in footprint in a dwelling;
(4)
The addition of a new bedroom to a dwelling; or
(5)
The addition of any other room to a dwelling, including,
but not limited to, a den, office, library, exercise room, study,
bonus or unfinished room, if such room would have privacy and reasonable
access to a full bathroom.
B.
A building permit application for the types of construction set forth in Subsection A above shall include a copy of the Westchester County Health Department septic system approval. No certificate of occupancy for the improvements permitted shall be issued without the submission of the final as-built drawing of the septic system as approved by the Westchester County Department of Health, which septic system shall be designed by a licensed professional engineer.
C.
The provisions hereof shall not limit the circumstances
in which the County Health Department approval of a septic system
is required by the County Health Department under the Sanitary Code
or otherwise.
D.
The provisions of this article shall not preclude
the restoration, reconstruction or replacement of an existing dwelling
destroyed or damaged by fire, flood or other like cause on the same
lot, provided that the restoration, reconstruction or replacement
is substantially in kind to the previous dwelling.
The provisions of this article shall not apply
to a building permit application submitted prior to the effective
date of this article, which continues to be actively pursued.
If any clause, sentence, paragraph, section,
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, section, paragraph or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
