As used in this article, the following terms shall have the
meanings indicated; and words of the masculine gender shall mean and
include correlative words of the feminine and neutral genders; and
words importing the singular number shall mean and include the plural
number and vice versa:
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with
and clearly subordinate to the primary dwelling, whether as a part
of the same structure as the primary dwelling unit, or as a detached
dwelling unit on the same lot.
[Added 12-18-2018 by L.L.
No. 2-2019]
COMMISSIONER
The Commissioner of the Suffolk County Department of Health
Services.
DEPARTMENT
The Suffolk County Department of Health Services.
DESIGN PROFESSIONAL
A professional engineer or registered architect licensed
by the New York State Education Department.
GRANT AWARDEE
A property owner or qualifying tenant that has been approved
for a grant by the Sewer Infrastructure Committee.
[Amended 12-18-2018 by L.L. No. 2-2019]
MANUFACTURER/INSTALLER
A manufacturer, dealer or seller of innovative and alternative
on-site wastewater treatment systems that have been approved for use
by the Department in accordance with the Sanitary Code, who, in addition,
whether directly or through contracted services, provides comprehensive
installation of such systems in accordance with all state and local
laws and regulations.
PROPERTY OWNER
A natural person, firm, partnership, corporation, trust,
trustee, association, company or other legal entity capable of owning
real property who is the current record owner in fee or qualifying
tenant of the residence for which a grant application is made. An
owner in fee shall include a fee subject to a life estate.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
QUALIFYING TENANT
A person, firm, partnership, corporation, trust, trustee,
association, company or other legal entity capable of owning an interest
in real property that is entitled to nonrevocable legal possession
of the residence for which a grant application is made by virtue of
a written lease, judicial decree or equivalent legal instrument and
where such person, firm, partnership, corporation, trust, trustee,
association, company or other legal entity is solely responsible for
the provision, cost, and maintenance of on-site wastewater disposal
for the residence for which a grant application is made.
[Added 12-18-2018 by L.L.
No. 2-2019]
RESIDENCE
An existing dwelling unit that is constructed on a residential
parcel and designed for, in compliance with the relevant local town
or village code or the Sanitary Code, single-family occupancy, two-family
occupancy, or single-family occupancy with one accessory apartment.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
RESIDENTIAL PARCEL
Any parcel located wholly or partially in the County of Suffolk,
which may legally be used for permanent residential purposes under
the local town or village code, as the case may be, or the Sanitary
Code.
[Amended 12-18-2018 by L.L. No. 2-2019]
SANITARY CODE
The Suffolk County Sanitary Code, and any duly enacted amendments
thereto.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
A. The Department is hereby authorized, empowered and directed to establish a grant assistance program to be known as the "Residential Innovative and Alternative On-Site Wastewater Treatment System Grant Assistance Program" (the "Residential Septic Incentive Program" or "the Program") to provide funding assistance (the "grant") to eligible residential property owners for the purchase and installation of an I/A OWTS, and in the case of a qualifying low- to moderate-income household as set forth in §
839-4B below, for the design, purchase, an installation of an I/A OWTS.
B. Funds for the Program may be appropriated in Fiscal Year 2017 through Fiscal Year 2021 pursuant to Charter §
C12-2D(3). Such funds, when appropriated, shall be dedicated to the Program exclusively for grants and deemed to be used even if not expended in the fiscal year appropriated. Such funds shall be deposited by the Suffolk County Comptroller in a nonlapsing account for the Program consistent with this article. No grant approved shall exceed $15,000 or $25,000 as set forth in §
839-4 below, per residence.
[Amended 12-18-2018 by L.L. No. 2-2019]
A. Geography. Subject to the provisions of §
839-5A and
B, a property owner residing in any area of the County may submit an application for a grant to install a system; provided, however, the Commissioner may authorize, in his sole discretion, preferential review of an application for a grant before all other submitted applications if the grant application is for a residence in an area specified by the Department as set forth in §
839-3A as environmentally sensitive.
B. Grant amount. Subject to the provisions of Subsection
A of §
839-3, and all other provisions of this article, applicants are eligible to receive a grant in the amount of up to $15,000; however, an applicant is eligible to receive a grant in the amount of up to $25,000 where the combined gross household income of all of the property owners of the residence is less than or equal to 80% of the most current area median income ("low- to moderate-income household") as established by the United States Department of Housing and Urban Development. In determining whether an applicant is eligible to receive a grant as a low- to moderate-income household, the Department shall determine the sum of the federal adjusted gross income of all property owners unless an applicant can adequately demonstrate that a property owner does not reside within the residence.
[Amended 12-15-2020 by L.L. No. 4-2021]
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
A. The grant award authorized to be given to a property owner shall be limited to the costs actually incurred by a property owner in connection with the purchase, installation, and design services, as set forth in Subsection
A(8) below, of an I/A OWTS. Specific items that will be reimbursed shall include:
(1) The total cost of the purchase of I/A OWTS materials and necessary
components;
(2) The purchase of electrical components;
(3) Labor costs incurred in connection with installation of the I/A OWTS
and any necessary leaching fields and structures;
(4) A three-year warranty for the I/A OWTS;
(5) Three years of operation and maintenance of the I/A OWTS purchased
through the manufacturer/installer;
(6) Excavation and backfilling;
(7) Pumping and decommissioning of an existing on-site system; and
(8) Design services including the preparation of a site plan, installation inspection, as-built surveys, and applicable permitting in an amount of up to $5,000 for low- to moderate-income households as defined in §
839-4B above.
B. Grant funds shall not be used for irrigation repairs, electrical improvements unrelated to I/A OWTS installation, design, except for design costs as set forth in Subsection
A(8) above, and post-installation landscaping.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
The Department is authorized, with the consent of the property owner who is approved for a grant award, to make direct payment of the grant proceeds to the manufacturer/installer of the system contracted by the property owner, and in the case of a qualifying low- to moderate-income household as set forth in §
839-4B to make direct payment of the grant proceeds to the design professional, to the extent that the grant award allows.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
The Commissioner is hereby authorized to enter into an agreement with the CDCLI Funding Corporation, upon such terms and conditions as are acceptable to the Department of Law, for the nonexclusive referral of grant awardees for loan assistance in connection with the design, in the case of a qualifying low- to moderate-income household as set forth in §
839-4B, and the installation of an I/A OWTS.
[Added 12-18-2018 by L.L.
No. 2-2019]
The County Executive, or his designee, is hereby authorized
to enter into such agreements with towns or villages located within
Suffolk County that have or will establish a grant, rebate, refund
or some other incentive program for the installation of an I/A OWTS,
in order to coordinate the use of County funds with funds from other
sources, maximize the scope of the program, to avoid duplicative expenditures,
and/or to coordinate and streamline information technology components
of the application process.
Other than the grant funds awarded to an applicant in accordance
with this article, the County shall not enter into any agreement or
otherwise obligate the County of Suffolk to bear any additional expense,
unless approved in advance by the Suffolk County Legislature.
[Added 12-18-2018 by L.L.
No. 2-2019]
The Department shall conduct an annual review of the program
and provide an annual report to the County Legislature's Environment,
Planning and Agriculture Committee, or any successor committee, no
later than March 15 each year, which includes, at a minimum, the following
information for the preceding calendar year, broken down by each town
and village within the County:
A. The number of grant applications received by the Department.
B. The number of grants awarded.
C. The total amount of grant monies awarded.
D. The number of applicants who received enhanced grant amounts.
E. The number of IA/OWTS installed, with grant assistance.