[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.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Water Quality Protection Fund — See Ch. 75.
[1]
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, permitting
fees, associated site restoration directly related to the upgrade,
and maintenance as defined herein, but shall not include application
expediting fees or other processing fees.
[Amended 12-13-2022 by L.L. No. 29-2022]
Those parcels:
[Amended 7-24-2018 by L.L. No. 16-2018; 12-13-2022 by L.L. No. 29-2022]
Mapped in the CPF Water Quality Improvement Project Plan and
designated as priority areas, as amended from time to time; or
Required to install an I/A OWTS by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325; or
Containing an existing sanitary system that is deemed a Catastrophic
Failure by Suffolk County, or is otherwise shown to be in a state
of disrepair necessitating immediate replacement
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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.
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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, including property located within village boundaries.
[Amended 7-24-2018 by L.L. No. 16-2018; 12-13-2022 by L.L. No. 29-2022]
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 proper operation of the I/A OWTS and
its related components.
[Amended 12-13-2022 by L.L. No. 29-2022]
Parcel owners outside the priority area may petition to be
permitted to apply for the rebate program, and may be considered at
the discretion of the Community Preservation Fund Manager based upon
the availability of funding, and the requirements set forth herein.
[Added 12-13-2022 by L.L. No. 29-2022]
Includes all owners and owners' spouses.
[Amended 12-13-2022 by L.L. No. 29-2022]
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.
Pursuant to Town Code Chapter 140, a source of funding for the rebates described herein, and as amended from time to time.
[Amended 12-13-2022 by L.L. No. 29-2022]
Pursuant to Town Code Chapter 75, a source of funding for the rebates described herein.
[Amended 7-10-2018 by L.L. No. 14-2018; 7-24-2018 by L.L. No. 16-2018; 12-13-2022 by L.L. No. 29-2022]
A.
Eligibility.
(1)
In
order to claim the rebate established by this chapter, an applicant
must:
(a)
Be an eligible property owner in an eligible area or authorized petitioner,
as defined herein; and
(b)
Have a complete application submitted to the CPF Department
within one year of receiving final approval from the Suffolk County
Department of Health Services (evidenced as the Final Approval Letter
and Green Stamped Plans); and
(c)
Upgrade an existing sanitary system on residential or nonresidential
property to an I/A OWTS.
(2)
Where
an applicant owns more than one eligible property, there shall be
authorized one rebate for each I/A OWTS installation.
(3)
Where an eligible property includes more than one existing sanitary
system, a rebate shall be available for each replacement.
(4)
Units constructed pursuant to Town Code Chapter 216 that do not represent an increase in allowable density under the existing zoning at the time of the adoption of this chapter, shall be eligible for a rebate.
(5)
Funding may be available for affordable housing projects which meet
the low- to moderate-income incentive based upon the HUD Standards,
if funding allows.
(6)
Additional funding of up to $5,000 may be available for those households
that earn an income below the low- to moderate-income incentive based
upon the Suffolk and Nassau County HUD Standards, if funding is available.
(a)
Residential property owners must meet the above mentioned 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.
B.
Rebate procedure.
(1)
Submit a septic system upgrade rebate application form, complete
with signature, to the Town Community Preservation Department attesting
to the following:
(a)
The rebate amount, if any, the applicant has received, will
receive, or has applied for from any other source, including, but
not limited to, the Suffolk County Department of Health Services and
the New York State Department of Environmental Conservation, for the
installation of the I/A OWTS;
(b)
That the rebate amount provided by the Town will not be duplicative
of any rebate monies either anticipated or provided by any other source;
and
(c)
Acknowledging that any rebate monies that are found to be duplicative
of any other funding source will be returned immediately to the Town,
or subject to recovery by the Town in a court of competent jurisdiction,
with the presumption favoring the Town that said rebate monies are
duplicative.
(2)
Submit a completed W-9 form to the Town Community Preservation Department.
(3)
Upon review and approval of said forms, 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 12 months upon written
request, a showing of due diligence, good cause shown, and at the
discretion of the Town Community Preservation Program Manager.
(4)
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.
(5)
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.
(6)
A certificate of electrical compliance for the I/A OWTS must be obtained
from the Town Building Department.
(7)
Properties located within incorporated villages of the Town shall
submit the equivalent of a certificate of electrical compliance according
to local statutes.
(8)
Thereafter, the applicant must submit the following to the Town Community
Preservation Department:
(9)
Upon review and approval by the Town's 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.
C.
Rebate amount and availability. Funds are available for disbursements of up to 100% of the cost of the installation based upon the eligible area for eligible property owners, up to a maximum amount of $20,000, plus an additional $5,000, if qualified, based upon available funding pursuant to §§ 177-2A(5) and (6) herein.
D.
Rebate claim period. Rebates are available on a first-come, first-served
basis.
E.
Costs reimbursed under other grant programs, including, but not limited
to, Suffolk County and New York State, shall not be reimbursed by
the Town. Town rebates shall be calculated after any other grant monies
have been deducted.
