[Adopted 12-21-1988 as Ch. 136, Art. II, of the 1988 Code]
It is the intent of this article to promote the general welfare of the people of the Village of Harriman by providing for the protection of their lives, property, economy and well-being, and to protect and preserve the health of the village residents and their environment by requiring all new construction in the Village of Harriman to be served by municipal water and sewer facilities.
A. 
The Village Board finds that there are serious questions facing the community concerning the depletion of natural resources and more specifically water. Many problems have arisen in the Village of Harriman and the adjacent townships over adequate water supplies causing untold hardship to the present residents and severely curtailing plans for future development. Also, with the availability of the municipal sewer system within the entire geographic boundary of the Village of Harriman, it is no longer acceptable to this Board to permit septic systems or private waste disposal systems.
B. 
Therefore, the Village Board deems it advisable that, in order to protect its present residents and to provide for future growth with adequate water supplies and sanitary waste disposal, all new construction in the Village of Harriman be required to be serviced by the municipal water and sewer systems.
C. 
The Village Board deems it advisable that the private well(s) and septic system(s) currently serving residences and commercial establishments be gradually phased out. Therefore, it becomes necessary to promulgate a local law so that the current well(s) or septic system(s) cannot be modified, enlarged, repaired, redrilled or replaced, and, upon the failure of the private well(s) or septic system(s), the property owner will be required to connect to the municipal water and sewer system and to properly discontinue the use of the private well and/or septic system.
[Added 3-22-1989 by L.L. No. 2-1989]
D. 
The proliferation of monitoring wells within the Village of Harriman has caused deep concern to the Village Board of Trustees. The installation and maintenance of monitoring wells must be controlled so as to ensure an uncontaminated water supply in the Village of Harriman.
[Added 3-22-1989 by L.L. No. 2-1989]
All new construction shall be required to be serviced by municipal water and sewer, unless the Village Board exempts a given property because such property is experiencing an undue financial burden in connecting to municipal water and sewer.
[Added 3-22-1989 by L.L. No. 2-1989]
A. 
"Property owner" shall be defined as the owner of the real property, his agent, servant, employee, tenant or lessee.
B. 
Installation.
(1) 
No property owner shall install a new well(s) or septic system(s) for premises currently serviced by a private well(s) or septic system(s), nor may a property owner modify, enlarge, repair, redrill or replace a private well(s) and/or septic system(s).
(2) 
A property owner currently serviced by municipal water and/or sewer may not install a private well(s) and/or septic system(s).
C. 
Within six months of the enactment of this section, all property owners who are serviced by private well(s) and/or septic system(s) shall obtain a license from the Code Enforcement Officer for the same. The fee for obtaining such annual license shall be as set forth in the Village Fee Schedule. As part of the licensing procedure, the property owner shall present a water and/or septic test conducted within the last six months as evidence that the premises are serviced by potable water and that the septic system is in proper working order. The water test shall be conducted by a New York State certified laboratory. The septic test may be a dye test conducted by a person or company who normally performs such tests or other acceptable tests. Licenses are to be renewed on an annual basis by payment of a fee as set forth in the Village Fee Schedule and submission of a water test and septic test indicating that the well(s) produce potable water, as defined by the New York State Department of Health, and that the septic system is in proper working order. All licenses expire December 31 of the year they were issued.
[Amended 4-11-2001 by L.L. No. 3-2001]
D. 
In the event that the well(s) test results indicate that potable water in not being supplied and/or the septic system(s) test indicates that the septic system is not in proper working order, then, in that instance, the property owner will be required to connect municipal water and/or municipal sewer.
E. 
Upon transfer of the real property, the property owner will be required to obtain a new license for the private well(s) and/or septic system(s).
F. 
A property owner who discontinues the use of private well(s) and/or septic system(s), either voluntarily or pursuant to this section, will be required to cap the well(s) and/or have the main collection boxes and septic tanks pumped out by a licensed hauler, fill the collection boxes and septic tanks with dirt and compact the dirt. The Code Enforcement Officer will inspect the caping of a well(s) and/or the filling in and compaction of the main collection boxes and septic tanks.
[Added 3-22-1989 by L.L. No. 2-1989]
A. 
No person, company, corporation or other entity may install or maintain a monitoring well within the Village of Harriman without first obtaining a license for such from the Code Enforcement Officer. The annual license fee for each well shall be as set forth in the Village Fee Schedule. The license shall expire on December 31 of each year. The license application shall specify the well(s) location, the proposed well(s) depth and the purpose of the well(s).
[Amended 4-11-2001 by L.L. No. 3-2001]
B. 
Any person, company, corporation or entity who presently has a monitoring well(s) on its premises as of the effective date of this section shall obtain a license to maintain such from the Code Enforcement Officer within 60 days of the enactment of this section.
Where the Village Board determines that the circumstances do not require the strict enforcement of this article, then the Village Board shall have the right to waive any and all sections of this article.
Any person committing an offense against any provision of this article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.