On-site wastewater treatment systems in failure shall follow
the standard procedures with the local Board of Health, and the New
York State Department of Health.
A.
Where practical difficulties, unnecessary hardships, and results
inconsistent with the general purpose of this chapter or certain provisions
thereof are encountered, the parcel owner may appeal the determination
of the Code Enforcement Officer to the Zoning Board of Appeals to
request relief from the requirements of this chapter.
B.
The Zoning Board of Appeals may grant relief from the requirements
of this chapter if the Zoning Board of Appeals finds the essential
purpose of these regulations, namely the protection of public health
and water quality, will be accomplished even if the variance is granted.
The Zoning Board of Appeals shall consider the following factors and
make applicable findings regarding:
(1)
Whether the use or activity to be authorized by the variance is in
harmony with the purpose and intent of this chapter. The following
items will be taken into consideration:
(a)
Previous approvals and/or specific waivers granted by NYSDOH,
or the Watershed Inspector.
(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;
(2)
Whether a substantial change will be produced in the general condition
of the water quality or a substantial risk to groundwater quality
or quantity will be created because of the variance.
(3)
Whether the hardship or difficulty can be alleviated by some other
method that is feasible for the applicant to pursue.
(4)
Whether the requested variance is substantial.
(5)
Whether the variance requested is the minimum variance necessary
to afford relief. To this end, the Zoning Board of Appeals may recommend
a lesser variance than applied for.
(6)
The extent to which the hardship or difficulty has been self-created.
