No structure shall hereafter be erected in the Town of Highlands, outside the Village of Highland Falls, unless a septic tank or outside privy is installed for the disposal of human excreta in the manner described in this Part
1.
No installation of any septic tank or outside
privy nor the construction or erection of any structure intended for
human occupancy shall be commenced until an application duly filled
out, in triplicate, on forms supplied by the Town Clerk, and drawings
showing the intended location of the septic tank proposed to be used
in connection with such structure, shall have been filed in the Town
Clerk's office and approved in the manner hereinafter prescribed.
A fee, as set by resolution of the Town Board
from time to time, shall be paid to the Town Clerk simultaneously
with the filing of the application.
If the Sanitary Inspector declines to approve
any proposal installation, the applicant may appeal to the Town Board
of Health, whose approval or rejection shall be final.
No septic tank or outside privy shall be installed
unless every part of such installation shall be more than 50 feet
from any lake, reservoir, stream or watercourse not protected by rules
enacted by the State Commissioner of Health; nor shall any such installation
be located on the direct line of drainage to not less than 50 feet
in a horizontal direction from any well, spring or any source of water
supply. If the minimum distance specified cannot be complied with
due to the limits of the property, the Sanitary Inspector may allow
an installation at a distance less than the minimum specified, provided
that such installation does not or will not create a dangerous, unhealthful
condition.
No person, firm or corporation, either as owner,
lessee or tenant of any property, dwelling, building or place in the
Town of Highlands outside the Village of Highland Falls, shall construct
or maintain any privy, cesspool, sewage disposal system, pipe or drain
so as to expose or discharge the contents or other liquid or matter
therefrom to the atmosphere or on the surface of the ground nor so
as to endanger any source of drinking water; nor shall any such person,
firm or corporation discharge into any watercourse, storm sewer, drain
or body of water any sewage or sewage effluent from a cesspool, sewage
disposal system, pipe or drain or any excreta from a privy vault or
other receptacle for the storage of excreta.
All garbage, kitchen wastes and other rubbish
at dwellings and business establishments shall be deposited in suitable
covered receptacles, which shall be protected from flies and emptied
and cleaned as often as necessary to keep them and their surroundings
in a sanitary condition and free from objectionable odors. The contents
shall be burned, buried or otherwise disposed of in such a way as
not to become offensive or insanitary or create fly breeding places.
No garbage, refuse, putrescible matter, decayed
fruits or vegetables, dead animals or material that pollutes water
shall be deposited in any tributary to such watercourses, nor on or
beneath the surface of the ground within 50 feet of surface watercourses
or tributaries, nor in such a manner that it can be washed by rain,
melting snow or otherwise over the surface or through the ground into
such surface watercourses or their tributaries.
All the provisions of the Public Health Law
and Sanitary Code of the State of New York relating to the preservation
of the public health, applicable to towns of the Second Class, are
hereby declared to be included in and made a part of the rules and
regulations of the Board of Health of the Town of Highlands.
[Amended 3-10-1998 by L.L. No. 1-1998]
A. Any violation of this Part
1, either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a septic tank or privy, without compliance with the terms and provisions aforesaid, or any violation of any of the terms and provisions of this Part
1 shall, upon conviction of the owner of the land whereon the same was installed or the tenant or the person so installing the same, be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both; and each day said condition exists shall constitute a separate offense.
B. Any person violating any provision of this Part
1 or any part thereof shall, upon conviction, be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both.
C. Any person found guilty of a violation of the Public
Health Law and the Sanitary Code of the State of New York hereby made
a part of the rules and regulations of the Board of Health of the
Town of Highlands, shall, upon conviction, be punishable by a fine
not to exceed $250 or imprisonment not to exceed 15 days, or both.
D. Unpaid rents, rates, charges and penalties to be a lien.
[Added 12-27-2022 by L.L.
No. 2-2023]
(1) Sewer rents, rates, charges and penalties thereon shall be a lien
upon the real property upon which the sewer is used. On or before
the day when, under the Town Law, preliminary estimates of expenditures
are required to be submitted, the Town Clerk shall prepare and file
with the Town Board a statement showing all sewer rents, rates and
charges, with penalties thereon, unpaid for more than 60 days, which
statement shall contain a brief description of the property for which
the sewer was supplied or upon which charges were incurred, the name
of the owner liable to pay the same, so far as may be known, and the
amount chargeable to each.
(2) Such rents, rates, charges and penalties shall not be collected by
the Town Clerk after the filing of such statement with the Town Board,
but may thereafter be paid to the Supervisor until such time as a
statement of such unpaid sewer rents, rates, charges and penalties
is submitted to the Town Board for the purpose of levying the same
as a tax against the property affected.