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.
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.