A.
It shall be unlawful to install, construct, alter, replace, enlarge,
extend, or otherwise modify any on-site wastewater treatment system
unless a building permit is issued by the Town Code Enforcement Officer,
except as specifically exempted.
B.
It shall be unlawful to change the use of real property or any building thereon, convey real property, expand a building or dwelling by increasing the number of bedrooms and/or bedroom equivalents, or increase the building or dwelling square footage by greater than 25% of the square footage, or alter a building or dwelling such that the work area exceeds 50% of the aggregate area of the existing building without an inspection of the existing on-site wastewater treatment system by a certified inspector, pursuant to Article III of this chapter.
C.
It shall be a violation of this chapter to use any on-site wastewater
treatment system that is in failure.
D.
On-site wastewater treatment systems with the absorption area located within 200 feet of Canandaigua Lake shall also comply with § 202-7, Requirements for substandard systems.
E.
There shall be no activities or conditions permitted which would
interfere with the proper operation of on-site wastewater treatment
systems. It is specifically prohibited to construct or place anything
that would impact the absorption area including, but not limited to,
buildings, structures, paving, trees or shrubs, fill, the parking
or crossing by vehicles, swimming pools, driveways or parking areas.
F.
It shall be unlawful to discharge anything but sewage into an on-site
wastewater treatment system. Surface and subsurface water including
roof, cellar, foundation and storm drainage shall not be discharged
into the on-site wastewater treatment system and shall be disposed
of so as to in no way affect the proper functioning of the system.
G.
All new on-site wastewater treatment systems or modifications to
existing on-site wastewater treatment systems shall be designed by
a design professional.
Design standards to meet the requirements of this chapter are
as follows:
A.
New York State Department of Health's Appendix 75-A of Part
75 of Title 10 of the New York Code of Rules and Regulations (10 NYCRR)
for systems with a design load of less than 1,000 gallons per day.
B.
New York State Department of Environmental Conservation's New
York State Design Standards for Intermediate Sized Wastewater Treatment
Systems for systems with a design load equal to or greater than 1,000
gallons per day.
C.
In addition to the New York State design standards, the following
standards shall also be met for all dwellings:
(1)
The minimum design of the system shall be based on 130 gallons/day/bedroom
and/or bedroom equivalent for all on-site wastewater treatment systems
greater than 200 feet from Canandaigua Lake.
(2)
The minimum design of the system shall be based on 150 gallons/day/bedroom
and/or bedroom equivalent for all on-site wastewater treatment systems
located wholly or partially within 200 feet of Canandaigua Lake.
(3)
The size of the house shall be considered along with the number of
bedrooms and/or bedroom equivalent for design loaded purposes, as
follows:
(a)
Minimum design: two bedrooms.
(b)
Two bedrooms and/or bedroom equivalents or up to 1,200 square
feet of occupiable living space shall be designed as a two-bedroom
design load.
(c)
Three bedrooms and/or bedroom equivalents or 1,201 to 2,250
square feet of occupiable living space shall be designed as a three-bedroom
design load.
(d)
Four bedrooms and/or bedroom equivalents or 2,251 to 3,300 square
feet of occupiable living space shall be designed as a four-bedroom
design load.
(e)
Five bedrooms and/or bedroom equivalents or 3,301 to 4,050 square
feet of occupiable living space shall be designed as a five-bedroom
design load.
(f)
More than five bedrooms and/or bedroom equivalents or greater
than 4,050 square feet of occupiable living space: 110 gallons per
day per additional bedroom and/or bedroom equivalent shall be added
to the design load.
(g)
Final determination of design loading shall be by the authority
having jurisdiction.
D.
Replacement of septic tanks and distribution boxes shall require
a building permit but do not need to be designed by a design professional
provided such repairs are made to replace existing conditions. All
alterations to the absorption field shall require a building permit
and a design completed by a design professional.
E.
In addition to the approvals required herein, a review and approval
by the New York State Department of Health (NYSDOH) or the New York
State Department of Environmental Conservation (NYSDEC) or the Canandaigua
Lake Watershed Inspector may be required.
B.
Substandard systems with the absorption area located within 200 feet of Canandaigua Lake with lot limitations: On parcels with existing substandard on-site wastewater treatment systems that have topographic, physiographic, lot size or other limitations that do not allow for meeting the design standards of § 202-6, the authority having jurisdiction shall require the parcel owner to meet the design standards of § 202-6 to the greatest extent possible.
(1)
The parcel owner shall follow the procedures in Article IV of this chapter to bring their on-site wastewater treatment system into compliance to the greatest extent possible. The authority having jurisdiction shall have the ability to grant a local waiver to the requirements of the law on substandard lots if the applicant can prove that they have met the requirements to the greatest extent possible. The authority having jurisdiction shall take the following into consideration when determining if the on-site wastewater treatment system meets the design standards of § 202-6 to the greatest extent possible:
(a)
Previous approvals and/or specific waivers granted by NYS-DOH,
or the watershed inspectors;
(b)
Distance separations to surface water and groundwater wells
in order to minimize pathogen, nutrient, and/or other pollutant loading;
(c)
The ability to utilize the latest technology and the ability
to maintain that technology;
(d)
Existing lot line setbacks and area requirements as related
to individual properties; and
(e)
The extent to which the limitations are self-created.
(2)
On previously developed sites with a substandard system, holding
tanks may be utilized if the authority having jurisdiction deems it
is the best available technology for the existing site conditions
and limitations.
(3)
Once the authority having jurisdiction has determined that the substandard system meets the design standards of § 202-6 to the greatest extent possible, the authority having jurisdiction shall provide the parcel owner with a building permit and a letter of acknowledgement stating that the parcel owner is meeting the design standards of § 202-6 to the greatest extent possible.
C.
Substandard systems with absorption areas greater than 200 feet from
Canandaigua Lake.
(1)
Based on the system inspection, the authority having jurisdiction
shall notify parcel owners in a written letter that their system is
substandard. The letter will list all components of the system that
are substandard. The property owner will not be required to upgrade
the system unless it is in failure.
A.
All enhanced treatment units (ETUs) are required to have a service contract with a certified manufacturer's representative, which provides for annual inspections or inspections at intervals specified by the manufacturer, whichever is stricter, as well as subsequent necessary adjustments by a certified manufacturer's representative for the life of the unit. Within 10 days of an inspection, a written report, which documents the results of the inspection and provides a written certification from the certified manufacturer's representative that the unit is fully functional and operating properly and is under a service contract, shall be sent to the authority having jurisdiction. Failure to hold a service contract, complete the required inspections, send the required inspection reports to the authority having jurisdiction, and/or complete the certified manufacturer's representative's maintenance schedule is a violation of this chapter and shall be punishable according to Article VII of this chapter.
B.
Holding tanks. All holding tanks shall meet the design standards
contained in New York State Department of Health's Appendix 75-A
of Part 75 of Title 10 of the New York Code of Rules and Regulations
(10 NYCRR). The owner shall have a contract for service with a NYSDEC-permitted
septage waste transporter to pump the holding tank as needed. A copy
of all pump-out records shall be submitted to the authority having
jurisdiction. At no time will sewage discharge from the tank to the
surface, ground, or surface water be allowed.
