[Amended 5-11-2004 by L.L. No. 12-2004]
A. 
Accessibility.
(1) 
Sewage from any building or premises shall be discharged directly into County sewage works if said building or premises is located within the boundaries of a County sewer district or within an area described in Subsection B(1)(a), (b) and (c) or Subsection C of § 740-38, pursuant to the Suffolk County Sanitary Code, Article 5, § 760-502-4(b).
[Amended 3-23-2010 by L.L. No. 11-2010; 12-15-2020 by L.L. No. 3-2021]
(2) 
No person shall construct or permit to be constructed on any premises any private or individual sewage works where an approved sewage works of a County sewer district is available and accessible, pursuant to § 760-502-4(a) of the Suffolk County Sanitary Code.
(3) 
If there is no County sewer district sewage works available and accessible, sewage from any building or premises shall be discharged directly into a private sewage works or a facility connecting with a private sewage works, if available and accessible, pursuant to § 760-502-4(c) of the Suffolk County Sanitary Code.
(4) 
If there is no County or private sewage works available and accessible, an individual sewage disposal system approved by the Suffolk County Department of Health Services may be used, pursuant to § 760-502-4(d) of the Suffolk County Sanitary Code.
(5) 
In the event that a County sewage works become available and accessible, any building or premises shall be connected to such sewage works, and immediately thereafter the use of any other sewage works shall be discontinued, pursuant to § 760-502-4(e) of the Suffolk County Sanitary Code.
B. 
All existing residential, commercial, industrial, governmental and institutional facilities within the geographical boundaries of a Suffolk County sewer district must connect the buildings sewer(s) to the County sewage works within one year from the date of notification from the Administrator of the availability of sewer service.
[Amended 6-27-2000 by L.L. No. 14-2000; 4-24-2001 by L.L. No. 6-2001]
A. 
The Administrator is hereby authorized and empowered to consider applications for connections to a County sewer district facility by businesses, industries and other users from outside the geographical boundaries of a district and to negotiate contracts and agreements with those businesses, industries and users as he deems appropriate upon such terms and conditions as to him may seem reasonable and proper to protect the best interests and to accrue to the financial benefit of the district, including but not limited to provisions intended to relieve a district of the full burden of maintenance and capital costs, present or future, if any, attributable to and that might result from such contractual connections, and including the filing of a surety bond or the deposit of cash or securities with the County Comptroller or the giving of every guaranty to the district to ensure the performance of said agreements and contracts, and the costs, if any, to a district relating thereto will be offset by payments from the owner and will not constitute an undue burden upon the property within said district, subject to the provisions of § 740-38 of this chapter and the charges imposed thereunder.
[Amended 6-17-2014 by L.L. No. 32-2014]
B. 
The Administrator, when considering applications for connection to a County sewer district facility by businesses, industries and other users from outside the geographical boundaries of a district, shall first make a determination that the connection is in the best interests of the residents of the district and the citizens of the County of Suffolk, and shall consider each of the following factors in making the determination:
[Added 6-12-2007 by L.L. No. 18-2007]
(1) 
The environmental impact of the proposed connection;
(2) 
The tax impact of the proposed connection on the affected sewer district;
(3) 
Whether the applicant can demonstrate that an economic benefit will accrue, either through an increase in jobs or an increase in tax revenue to the County, as a result of the sewer connection;
(4) 
Whether there is adequate capacity within the affected sewer district to absorb the outside connection;
(5) 
Whether the proposed application shall provide an economic benefit to the area; and
(6) 
If the proposed connection is for a residential development, whether the applicant has incorporated affordable housing units within the development.
C. 
Affordable housing considerations.
[Added 6-12-2007 by L.L. No. 20-2007]
(1) 
No contract between the Administrator and an applicant from outside the geographical boundaries of a district may be entered into unless, in the case of a residential housing development or a development that includes a new residential component, which consists of 10 or more units only, the housing development or component is comprised of no less than 15% of units that are set aside for homebuyers or renters in the following manner:
[Amended 12-20-2016 by L.L. No. 2-2017; 4-25-2017 by L.L. No. 14-2017; 5-7-2024 by L.L. No. 18-2024]
(a) 
Ten percent of units must, at a minimum, be occupied by persons and families whose income does not exceed 80% of the HUD-established median income limits, adjusted by family size for the Nassau-Suffolk PMSA;
(b) 
Five percent of units must, at a minimum, be occupied by persons and families whose income does not exceed 100% of the HUD-established median income limits, adjusted by family size for the Nassau-Suffolk PMSA;
(c) 
The maximum rent to be charged for rental units shall not exceed what is set forth in § A36-2D(2)(d)(7);
(d) 
The maximum sales price to be charged for home ownership units shall not exceed what is set forth in § A36-2B(2)(a)[1][c];
(e) 
Must meet the requirements of § A36-2D(2)(a), (g), and (h) of the Suffolk County Administrative Code; and
(f) 
The affordable unit or units shall be constructed at the site of the development that is connecting to a County sewer district facility.
(2) 
Prior to the approval of a contract with the Administrator, the Director of Affordable Housing within the Suffolk County Department of Economic Development and Workforce Housing shall be provided with such documentation and certification as he or she deems necessary in order to certify that the requirements outlined in Subsection C(1) of this section are being complied with.
(3) 
Upon approval of a contract with the Administrator, a covenant shall be filed and recorded on the real property of the development subject to Subsection C(1) of this section, that the applicable number of units have been set aside for affordable housing, which covenant or covenants shall contain the following restrictions:
[Amended 4-25-2017 by L.L. No. 14-2017; 5-7-2024 by L.L. No. 18-2024]
(a) 
Said unit or units shall be restricted for use as affordable housing units, defined for purposes of this section as units which are set aside for homebuyers or renters in a manner which conforms with the income requirements set forth in Subsection C(1) and the period of affordability must meet or exceed the longest affordability period required by any involved municipal jurisdiction, including periods of affordability set forth in § A36-2D(2) of the Suffolk Administrative Code. If there be no such involved municipal jurisdiction with an affordability period, such period shall be for the length of the sewer connection agreement.
(b) 
Said unit or units shall remain the principal residence of the individual or individuals who occupy the unit or units during the fifteen-year restriction described above.
(c) 
All covenants filed pursuant to this subsection shall be in a form approved by the Suffolk County Attorney.
(4) 
The normal connection fee for a residential housing development which satisfies these affordable housing requirements, set forth herein, shall be reduced in accordance with the following schedule:
[Added 12-20-2016 by L.L. No. 2-2017; 5-7-2024 by L.L. No. 18-2024]
Percentage of Development Units that are Affordable at 80% AMI or Below
Reduction in Connection Fee
15%
15%
20%
20%
25%
25%
30%
30%
35%
35%
40%
40%
45%
45%
50%
50%
55%
55%
60%
60%
65%
65%
70%
70%
75%
75%
80%
80%
85%
85%
90%
90%
95%
95%
100%
100%
In addition to the above-referenced reductions, an additional 10% reduction off the connection fee shall be granted if at least 75% of the affordable units are occupied by persons and families whose income does not exceed 60% of the HUD-established median income limits, adjusted by family size, for the Nassau-Suffolk PMSA. An additional 20% reduction off the connection fee shall be granted if 80% of the affordable units are occupied by persons and families whose income does not exceed 60% of the HUD-established median income limits, adjusted by family size for the Nassau-Suffolk PMSA.
D. 
Any contracts or agreements negotiated by the administrative head of any Suffolk County sewer district shall be subject to the final review, approval and ratification of the Suffolk County Legislature.
E. 
Contracts for connection of out-of-district areas meeting the definition of a municipal satellite collection system shall be in compliance with New York State Department of Conservation regulations, as amended, if applicable.
[Added 8-21-2012 by L.L. No. 53-2012]
All subdividers of land within a sewer district shall provide and construct, at their own cost and expense, all necessary on-site sewer facilities and any necessary extension or extensions of public sewers on such terms and conditions as may be established by the Administrator. The Administrator is hereby authorized and empowered to enter into agreements for this purpose. A subdivider shall be deemed to be anyone who divides one parcel into two or more parcels or develops or divides one or more parcels of land on an old or new filed map held in common ownership of record, although the same may be shown as separate tax parcels, in such a way that the nearest existing public sewer is no longer adjacent to any newly created parcel. Construction of sewer facilities shall be accomplished in accordance with Article III of these rules and regulations or applicable County standards and/or specifications.
The Administrator may, after notice and public hearing, establish and adopt further and additional rules and regulations deemed necessary to carry out these rules and regulations.
[Added 5-14-1991 by L.L. No. 17-1991]
The Administrator is hereby authorized, empowered and directed to negotiate contracts with municipalities for the discharge of municipal leachate at district facilities, from inside or outside a district, on such terms and conditions as to him may seem reasonable, proper and in the best interests of the district. Any such contract shall be subject to the approval of the Suffolk County Legislature.
[Added 8-21-2012 by L.L. No. 53-2012]
In the event the Administrator determines that the effluent discharge from a publicly owned treatment works has exceeded a SPDES permit limit for biochemical oxygen demand or ultimate oxygen demand for any four or more months during two consecutive calendar quarters, or a SPDES permit limit for total suspended solids for any four or more months during two consecutive calendar quarters, then, and in accordance with the provisions of Part 750-2.9(c) of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), an immediate moratorium on additional sewer connections to the affected sewer district shall be imposed and the further approval of sewer connections to the affected sewer district shall cease immediately.