Application for sewage disposal permits shall be made on forms supplied by the Town Clerk and shall be submitted to the Land Use Inspector.
The application shall include such information as the Town Board and Land Use Inspector may require, including the following:
A. 
The name and address of the applicant.
B. 
The specific location of the property on which the construction, alteration or extension is proposed.
C. 
A plan of the proposed disposal system with substantiating data indicating that the minimum standards set forth in this Part 2 will be complied with.
D. 
A sketch of the property showing the location of the proposed disposal system construction, alteration or extension, and including delineation of the property lines and sources of water supply for the property and adjoining properties.
E. 
A percolation test is required for the site of a proposed leaching facility. The Land Use Inspector may verify the results of such tests and require supporting information necessary for such review from the applicant.
F. 
Site data which might affect or be affected by the proposed system, including, but not limited to, specifications regarding soil type, topography, depth to seasonal high groundwater, depth to impervious material, depth to bedrock and distance to surface bodies of water. The determination of depth to seasonal high water shall be made in the months of March, April, May or June, within six (6) weeks of the time that the frost leaves the ground. If such determination is made at any other time, seasonal high groundwater shall be evaluated and certified by a qualified person approved by the Town Board. All determinations shall be accompanied by a detailed statement of the testing methods used, as well as the basis for the determination.
G. 
The Land Use Inspector shall determine whether an application is complete.
The Land Use Inspector appointed by the Town Board shall have the duty to administer and enforce the provisions of this Part 2, in conjunction with the Town of Brownville Health Officer.
A. 
Authority to verify information. The Land Use Inspector shall have the authority to require certification or retesting to verify information submitted as part of the application. The Land Use Inspector may conduct such investigations, examinations, tests and site evaluations as he deems necessary to verify information contained in an application for a sewage disposal permit, and the applicant or owner of land on which the system is proposed shall grant the Land Use Inspector or his agents permission to enter on his land for these purposes.
B. 
Issuance of sewage disposal permit. The Land Use Inspector shall issue a sewage disposal permit if:
(1) 
All pertinent site data has been submitted, verified and certified as required by this Part 2, all permit fees have been paid and the Land Use Inspector has determined that the construction, alteration or extension, as proposed in the application, complies with all specifications contained in this Part 2; or
(2) 
The Land Use Inspector is specifically ordered to issue a sewage disposal permit by the Town Board pursuant to § 124-17 of this Article and all permit fees have been paid.
C. 
Disapproval of permit application. The Land Use Inspector may disapprove an application for a sewage disposal permit if he determines that:
(1) 
The individual sewage disposal system, as proposed, will not conform to the requirements or specifications of this Part 2 or an order of the Town Board.
(2) 
The applicant has failed to supply all data necessary to make a determination as to whether or not such individual sewage disposal system conforms to the requirements or specifications of this Part 2 and has failed to supply such information for thirty (30) days after a written request for such additional information has been mailed.
(3) 
The applicant has failed to pay all necessary fees and has failed to make such payment for thirty (30) days after notice of such nonpayment has been mailed.
(4) 
The proposed system does not meet Appendix 75-A of the New York State Public Health Law 201, Waste Water Treatment - Individual Household Systems.
D. 
Order to stop work. The Land Use Inspector may, by written notice, order all further work stopped on any individual sewage disposal systems which is being constructed, altered or extended in violation of this Part 2.
It shall be unlawful to cover with soil or other material or to utilize any new individual sewage disposal system unless a certificate of compliance has been issued either by the Land Use Inspector or the New York State authority.
A. 
Inspection. It shall be the duty of the holder of the sewage disposal permit to notify the Land Use Inspector when the installation of the disposal system is ready for inspection. The inspection shall be made as soon thereafter as practicable by the Land Use Inspector. The Land Use Inspector may also make inspections during construction to ensure that the system is being installed in accordance with the terms of the sewage disposal permit. Any part of any installation which has been covered prior to final approval shall be uncovered upon the order of the Land Use Inspector.
B. 
Compliance. A certificate of compliance shall not be granted until the Land Use Inspector has determined that the individual sewage disposal system has been installed in compliance with this Part 2. The Land Use Inspector may make such a determination only after he has made an on-site investigation of the system or received a certification from the individual designing and installing the system that the system conforms to the specifications as set forth in the application and this Part 2 or an order of the Town Board pursuant to this Article. The Land Use Inspector may withhold a determination until after an on-site investigation has been completed, notwithstanding that the system has been certified as properly installed and designed.
In filing an application for a sewage disposal permit, an applicant shall be deemed to have consented to site inspections by the Land Use Inspector, and/or other person designated by the Town Board, conducting examinations, tests and other inspections of the disposal system site. Entrance upon the applicant's property shall be made only at reasonable times and with advance notice to the applicant, where possible.
Unless otherwise provided for in the permit, all permits shall expire within one (1) year of issuance. Once a permit expires, and the disposal system is not completed, a new permit application is required.
Appeals from any actions, decisions or rulings of the Land Use Inspector or from the strict application of the standards stated in Article IV herein may be made to the Town Board. Requests for all appeals shall be made, in writing, to the Town Board not later than thirty (30) days of the act, decision or ruling from which relief is sought.
A. 
Public hearing.
(1) 
The Town Board shall hold a public hearing of the appeal, with prior publication and notice as required by law, within thirty (30) days of receipt of the written request. The cost of publication shall be paid by the applicant.
(2) 
Any hearing may be recessed by the Town Board in order to obtain additional information or to serve further notice upon other property owners or to persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. No further notice or publication will be necessary.
(3) 
Within thirty (30) days of the final adjournment of a public hearing, the Town Board shall affirm, modify or deny the action, decision or ruling of the Land Use Inspector or correct any omission by him or approve, approve with conditions or disapprove the application.
(4) 
The decision of the Town Board shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Town Board.
(5) 
As part of any decision, the Town Board shall direct the Land Use Inspector to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this Part 2.
B. 
Appeal to vary standards. The discretion of the Town Board in considering an appeal shall not extend to granting variances from the standards stated in Article VI herein, unless such variance has received prior approval of the New York State Department of Health and is consistent with the spirit and purpose of this Part 2.
An action, omission, decision or ruling of the Town Board pursuant to this Part 2 may be reviewed at the instance of any aggrieved person, in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made not later than four (4) months from the effective date of the decision or ruling or the date when the action or omission occurred.