[HISTORY: Adopted by the Town Board of the Town of Southampton 4-23-2013 by L.L. No. 9-2013; amended in its entirety 8-22-2017 by L.L. No. 22-2017. Subsequent amendments noted where applicable.]
Water Quality Protection Fund — See Ch. 75.
Editor's Note: This local law also stated that it would apply to any eligible request made after 9-1-2017.
As used in this chapter, the following terms shall have the meanings indicated:
- An eligible entity as defined herein.
- Includes those costs associated with the upgrade (defined herein) of an existing sanitary system to an innovative and alternative on-site wastewater treatment system (I/A OWTS). This shall include, but not be limited to, costs for design, labor, materials, associated site restoration directly related to the upgrade, and maintenance as defined herein.
- ELIGIBLE AREA
- Those parcels mapped in the CPF Water Quality Improvement Project Plan and designated as high and medium priority, as amended from time to time; or those parcels required to install an I/A OWTS by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325. For purposes of this chapter, if any portion of a subject parcel is located within a priority area, the entire parcel shall be deemed wholly within said priority area. In addition, if any parcel lies within both priority areas, the entire parcel shall be deemed within the high-priority area.[Amended 7-24-2018 by L.L. No. 16-2018]
- ELIGIBLE PROPERTY OWNER
- Any person, estate, trust, beneficiaries of an estate or
trust, partnership, or member of a limited-liability corporation,
corporation, or other legal entity which owns residential or nonresidential
property. Residential property owners must meet the following income
guidelines based upon the adjusted gross income of the primary owner
as reported on the property owner’s latest available federal
or state income tax return:[Amended 7-24-2018 by L.L. No. 16-2018]
- A. Less than or equal to $300,000/year: 100% of the costs, up to a maximum of $20,000;
- B. Between $300,001 and $500,000/year: 50% of the costs, up to a maximum of $20,000;
- C. Between $500,001 and $1,000,000/year: 25% of the costs, up to a maximum of $20,000;
- D. $1,000,001 or more shall not be eligible.
- INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM (I/A OWTS)
- An on-site decentralized wastewater treatment system that, at a minimum, is designed to result in total nitrogen in treated effluent of 19 mg/l or less, as approved by the Suffolk County Department of Health Services.
- The performance of tasks specified by the Suffolk County Department of Health Services and/or the manufacturer of the I/A OWTS including, but not limited to, cleaning, inspection, and adjustment of control settings to ensure property operation of the I/A OWTS and its related components.
- PRIMARY OWNER
- Includes all owners and owners' spouses.
- The required or voluntary removal, repair, or replacement of an existing sanitary system with a system which meets the current Suffolk County Department of Health Services specifications for an I/A OWTS.
- WATER QUALITY IMPROVEMENT PROJECT PLAN (WQIPP)
- Pursuant to Town Code Chapter 140, a source of funding for the rebates described herein.
In order to claim the rebate established by this chapter, an applicant must be an eligible property owner in an eligible area, as defined herein, and must upgrade an existing sanitary system on residential or nonresidential property to an I/A OWTS.
Where an applicant owns more than one eligible property, there shall be authorized one rebate for each I/A OWTS installation.
Procedure for rebate. In order to claim the rebate established by this section, the applicant must:
Submit a septic system upgrade rebate application form to the Town Community Preservation Department and provide documentation, including, but not limited to, the applicant's most recent federal income tax return, to be qualified as an eligible property owner in an eligible area.
Upon review and approval of said form, the Town Community Preservation Department shall deem the application eligible for a rebate. Said approved rebate application form shall serve to encumber the rebate monies attributable to the applicant's upgrade for a period of 12 months. Within said time, the applicant must complete the upgrade as described below in order to receive the rebate monies. An approved application may be extended for a period of up to 60 days upon good cause shown and at the discretion of the Town Community Preservation Program Manager.
[Amended 7-24-2018 by L.L. No. 16-2018]
The applicant must then work to obtain required approvals for the I/A OWTS from all appropriate regulatory agencies, including, but not limited to, the Suffolk County Department of Health Services, the New York State Department of Environmental Conservation, and/or the Town of Southampton Environment Division, as may be necessary.
After receiving said approvals, the applicant shall submit an application to the Building Department for an electrical permit for the I/A OWTS. Said application shall include the Suffolk County Department of Health Services approval, depicting the location and type of system approved, as well as any other necessary approvals (wetland, site plan, etc.), for the parcel.
Once the installation of the I/A OWTS is complete, the eligible property owner must submit the following to the Town Building Department in order to receive a certificate of electrical compliance for the I/A OWTS:
A copy of the CPF I/A OWTS eligibility approval form (Schedule B);
A septic system installation certificate and either a Suffolk County Department of Health Services final approval/sign-off, or a Suffolk County Department of Health Services WWM-073 Form for the I/A OWTS;
A notarized certification from the contractor(s) who actually performed the upgrade, certifying that the upgrade was performed in compliance with the requirements of the Suffolk County Department of Health Services.
Thereafter, the applicant must submit the following to the Town Community Preservation Department:
Upon review and approval by the Town Community Preservation Program Manager of the above documentation, payment of said rebate shall be made by the Town Comptroller in accordance with the applicant's elections on the approved rebate application form.
[Amended 7-10-2018 by L.L. No. 14-2018]
Rebate amount and availability. Funds are available for disbursements of up to 100% of the cost of installation based upon the eligible area for eligible property owners, up to a maximum amount of $15,000.
Rebate claim period. Rebates are available on a first-come, first-served basis.