A.
Installation of the on-site wastewater treatment system shall be
under the direct supervision of a design professional. The authority
having jurisdiction shall have the right to observe any portion of
the installation of the system.
B.
The applicant shall be prohibited from covering any component of
the system without proper authorization. Any change of construction
approved by the authority having jurisdiction shall be noted on the
original drawings before the system is back filled. An additional
review and approval shall not be required for any minor alterations
to the designs already approved by the authority having jurisdiction.
Major alterations to the designs approved by the authority having
jurisdiction shall require review and approval by the authority having
jurisdiction. Major alterations shall include any changes to the absorption
field and/or changes to the size or type of pretreatment tank.
C.
As built plans and construction certification by a design professional
shall be provided to the authority having jurisdiction after installation
is completed.
A.
All on-site wastewater treatment systems with an absorption area
located wholly or partially within 200 feet of Canandaigua Lake or
a holding tank located wholly or partially within 200 feet of Canandaigua
Lake shall be required to have an on-site wastewater treatment system
inspection completed every five years after the adoption of this chapter
by a certified inspector.
B.
If a parcel is located within 200 feet of Canandaigua Lake and the
authority having jurisdiction does not have a stamped as-built drawing
or other information satisfactory to the authority having jurisdiction
showing the location of the absorption area or holding tank, then
an on-site wastewater treatment system inspection shall be required
during the first five-year inspection cycle. This first inspection
shall be completed by the Watershed Inspector. Parcel owners will
be exempt from future five-year inspection cycles if the absorption
area or holding tank has been determined to be greater than 200 feet
from Canandaigua Lake. The authority having jurisdiction will provide
written documentation to the parcel owner that the absorption area
or holding tank is greater than 200 feet from Canandaigua Lake.
[Amended 4-9-2018 by L.L.
No. 2-2018]
C.
The Watershed Inspector shall complete the first inspection for systems
requiring inspections according to this section that have not been
inspected by the authority having jurisdiction since 1990 or do not
have a stamped as-built drawing dated on/after 1990. The inspection
or stamped as built drawing must have documented the length, type
and location of absorption areas; the size, type, location and structural
integrity of the pretreatment tank; and the tie dimensions. Parcel
owners shall receive written notification by the Watershed Inspector
regarding this requirement and will work with the Watershed Inspector
to complete the inspection.
D.
The Town and the Watershed Inspector shall determine a schedule for
the five-year inspection cycle, with inspections due on or before
December 31 of each inspection cycle year. The Watershed Inspector
shall be responsible for notifying parcel owners of the upcoming required
inspection by January 15 of the inspection cycle year. The Watershed
Inspector shall send a list of parcels requiring inspection to the
Town for each inspection cycle year and will copy them on correspondence
to those parcel owners.
E.
Once the parcel owner is notified of the required inspection, the
parcel owner will be responsible for arranging the inspection with
a certified inspector.
F.
If a system is inspected between five-year inspection cycles, then
the five-year inspection cycle shall be reset for five years from
the date of the most recent inspection.
A.
The authority having jurisdiction shall require an on-site inspection
of an existing on-site wastewater treatment system as follows:
(1)
Prior to a change of use: The owner of the parcel shall arrange for
an on-site wastewater treatment system inspection before any change
of use is undertaken. The authority having jurisdiction shall determine
whether the change represents an increased hydraulic loading to the
system. In instances where a site plan approval, special use permit,
or variance is required, the authority having jurisdiction shall incorporate
the on-site wastewater treatment system inspection report into the
review process of the appropriate Planning Board or Zoning Board of
Appeals.
(2)
Prior to a conveyance of real property: The owner of the parcel shall arrange for an on-site wastewater treatment system inspection prior to the conveyance of real property. For conveyance of real property, the inspection must be completed at least 10 days prior to the transfer of property. The inspection report must be filed with the authority having jurisdiction, the current owner, and the proposed new owner prior to the transfer of property. It shall be a violation of this chapter to not have the property inspected prior to the conveyance of real property. If the required inspection does not occur prior to the conveyance of real property, then the authority having jurisdiction will inspect the system following the access procedures defined in § 120-20.
(3)
Prior to the expansion of a building or dwelling that will increase
the number of bedrooms and/or bedroom equivalents, or increase the
building or dwelling square footage by greater than 25% or alter a
building or dwelling such that the work area exceeds 50% of the aggregate
area of the existing building.
(4)
Prior to any alterations made to the absorption field or any change
in the treatment system type.
A.
A certified inspector shall perform all inspections of existing on-site
wastewater treatment systems within the Canandaigua Lake watershed
requiring an inspection pursuant to this chapter. All existing systems
that are outside of the Canandaigua Lake watershed requiring an inspection
pursuant to this chapter shall be performed by the Ontario County
Soil and Water Conservation District. All inspections will be completed
in accordance with this chapter and will utilize the OTN System Inspection
Findings Worksheet (Revised January 2013 or as updated).
[Amended 4-9-2018 by L.L.
No. 2-2018]
B.
The authority having jurisdiction reserves the right to observe any on-site wastewater treatment system inspection completed by a certified inspector following the procedures identified in Article VI of this chapter.
C.
The authority having jurisdiction will review all inspection reports
within 30 days from when they are received. If the authority having
jurisdiction deems the inspection or the associated report to be inadequate
or incomplete, the authority having jurisdiction will notify the parcel
owner by a letter within 30 days from when the report was received.
The system shall be re-inspected and an inspection report shall be
sent to the authority having jurisdiction. The system shall be considered
uninspected until an adequate inspection report is sent to the authority
having jurisdiction.
A.
Upon completion of the inspection, the certified inspector shall
document all procedures and furnish the owner with a report of findings.
The report of findings must be the OTN System Inspection Findings
Worksheet (Revised January 2013 or as updated).
B.
All inspection reports must be filed with the authority having jurisdiction within 30 days of the inspection's completion, or by December 31 of the inspection cycle year as required by § 120-12. Failure to submit the report to the authority having jurisdiction is considered a violation of this chapter and is punishable according to Article IX of this chapter. The system shall be considered uninspected until an adequate inspection report is sent to the authority having jurisdiction.
C.
The authority having jurisdiction shall have 30 days to review the inspection report and notify the parcel owner of their findings. If the authority having jurisdiction deems the inspection report adequate, the authority of jurisdiction shall notify the parcel owner by letter, stating that the inspected on-site wastewater treatment system is determined to be either adequately functioning, a substandard system, or in failure. The report of findings by the certified inspector shall be attached and maybe used to support the determination. (See § 120-21, Deficiencies and corrections.)