Village of Orchard Park, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park 7-12-2004 by L.L. No. 4-2004 (Ch. 27, Arts. V and VI, of the 1979 Code). Amendments noted where applicable.]
Storm sewers — See Ch. 184.
Stormwater management — See Ch. 185.
Water — See Ch. 210.
Fees — See Ch. A232.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
No person shall make connection of roof down spouts, foundation drains, areaway drains, sump pumps, floor drains, such as garage or basement, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any such connection now in existence shall be removed.
No person shall transfer title to another person nor accept from any other person the transfer of title to any structure or parcel of land upon which a structure is located until the Director of Public Works or his authorized agent shall have inspected the sump pump system, footing drains, yard drains, and down spouts of such structure or parcel of land and issued a certificate of compliance stating that the same is found to be in compliance with the provisions of §§ 176-1 and 176-2. Such certificates will be valid for six months from the date of issue. This section shall not apply to transfers of property by gift, intestacy, or testamentary disposition, transfers pursuant to the Bankruptcy Code, partition or matrimonial settlement.
The Director of Public Works may temporarily waive the requirement for a certificate of compliance as a prerequisite to transfer of title, provided that the purchaser:
Shall file with the Director of Public Works a written agreement to correct any deficiencies to the sump pump system, foot drains, yard drains, and down spouts within a period of time to be specified by the Director of Public Works; and
Shall provide a sum of $1,500 which shall be held in escrow by the Village of Orchard Park and which sum shall be returned to the purchaser if the corrections are completed within the time specified in the agreement. Such sum will be forfeited to the Village if the corrections are not completed within the time specified in the agreement.
In the event that the corrections are not completed within the time specified in the agreement, the temporary waiver shall immediately expire and the purchaser shall be subject to the penalties as prescribed in § 176-7, Penalties for offenses, of the Code of the Village of Orchard Park.
The Director of Public Works shall not issue a permit for any connection to the Village's wastewater treatment system unless there is a sufficient capacity in the wastewater treatment system to convey and adequately treat, in accordance with this chapter, the quantity of wastewater which the requested connection will add to the system.
[Amended 2-26-2007 by L.L. No. 1-2007[1]]
The Village shall charge and the Director of Public Works shall collect before issuing a permit the following fees as set forth in Chapter A232, Fees:
First inspection.
Each subsequent inspection required by the Director of Public Works prior to issuing a permit.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Failure to comply with a violation order, within the time limit stated therein, shall constitute a violation pursuant to the Penal Law. A person convicted of an offense shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
The penalties heretofore prescribed shall not be imposed upon a person who by operation of law acquires premises containing violations for which a violation order has been issued for a period of six months after the date of such acquisition of the premises. Nevertheless, the penalties provided shall attach and apply either upon the expiration date of such six-month period or upon transfer of title to the premises before the expiration of such period, whichever occurs first.