Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
ADEQUATELY FUNCTIONING
An on-site wastewater treatment system that meets the design standards contained in Chapter 202 of this Code and shows no evidence of failure.
AUTHORITY HAVING JURISDICTION
The Code Enforcement Officer, Health Officer, or other official(s) designated by the Town Board or other regulatory agency, having the responsibility to implement and enforce the provisions of the Town of Canandaigua Town Code. Within the Canandaigua Lake Watershed, the authority having jurisdiction shall also include the Canandaigua Lake Watershed Inspector, who is designated by the Canandaigua Lake Watershed Commission and who shall have the joint responsibility to implement the provisions of Chapter 202 of this Code. The Canandaigua Lake Watershed Inspector shall work in partnership with the Town of Canandaigua for purposes of enacting the provisions of Chapter 202 of this Code. Final determinations and enforcement authority of Chapter 202 of this Code shall reside with the Town of Canandaigua.
BEDROOM AND/OR BEDROOM EQUIVALENT
For the purpose of determining the size of an individual on-site wastewater treatment system, "bedroom and/or bedroom equivalent" shall mean a room with certain features characteristic of bedrooms, generally, which include, but are not limited to, the following:
A. 
Reasonable access to a full bathroom on the same floor, or within a half floor if the house is a split level; or
B. 
Adequate means to close off the room for privacy; or
C. 
A minimum of 70 square feet in size.
CANANDAIGUA LAKE
For purposes of Chapter 202 of this Code, shall mean the location where the mean high water level of Canandaigua Lake of 689.40 feet AMSL NGVD 1929 above sea level intersects the adjoining parcel. Distance measurements from Canandaigua Lake shall be a horizontal distance and shall be measured from the closest location.
CERTIFIED INSPECTOR
Includes a registered OTN inspector or licensed professional engineer.
CHANGE OF USE
For purposes of Chapter 202 of this Code, shall mean a use of land with an associated building and on-site wastewater treatment system that is modified so as to likely cause an increase in hydraulic loading (e.g., change from an existing commercial use to residential use; change of an existing residential use to commercial use; change of a commercial use to a different type of commercial use).
CONVEYANCE OF REAL PROPERTY
The transfer of the title of real estate, in the form of a deed or other legal instrument, filed in the Office of the Ontario County Clerk, which involves none of the transferors of such deed or other legal instrument remaining in possession of such real estate. Non-arm's length transfers of title, transfers of an interest in title where one or more of the transferors remain in possession of such real estate and transfers of title to a spouse and/or one or more children, including transfers from a transferor's estate, shall not be considered a conveyance of real property.
DESIGN PROFESSIONAL
A person licensed or registered in the State of New York and authorized by the New York State Education Law to design systems described in 10 NYCRR Appendix 75-A per NYSDOH Fact Sheet Need for Licensed Design Professionals - Residential Onsite Wastewater Treatment Systems.
ENHANCED TREATMENT
The biological and physical treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption area.
ENHANCED TREATMENT UNIT
Premanufactured structures that provide enhanced treatment of wastewater prior to discharge to a subsurface soil absorption area.
FAILURE
A condition existing within an on-site wastewater treatment system which causes the system to function in an unsanitary manner and which results in the discharge of untreated or partially treated wastewater onto ground surface, into surface water, into the groundwater, or which results in failure of building plumbing to discharge properly. Meeting any of the following criteria shall constitute failure:
A. 
Lack of a watertight pretreatment vessel (i.e., septic or holding tank, aerobic treatment unit, etc.) prior to any subsurface treatment/absorption system.
B. 
There is a discharge of effluent directly or indirectly to the ground surface and ponding, surface outbreaks or saturated soils are over the absorption area.
C. 
"Cheater" or direct pipe surface discharge to include surface discharge of greywater.
D. 
A dye test results in the presence of dye on the ground surface.
E. 
There is a back up of sewage into the home, building or facility as a result of an overloaded or clogged absorption area.
F. 
The septic tank requires pumping more than four times per year and/or sewage is observed running back into the septic tank from the absorption area during pumping.
G. 
The absorption area is located within 100 feet of Canandaigua Lake and the bottom of the leach line invert is at or below the ten-year flood elevation (690.00 feet).
H. 
The access lid of a holding tank, enhanced treatment unit or pump tank is located within 100 feet of Canandaigua Lake and is at or below the ten-year flood elevation (690.00 feet).
GREYWATER
All wastewater from a building except from flush toilets and urinals.
HOLDING TANK
A water-tight tank that holds raw sewage and untreated effluent without an outflow.
MINOR ALTERATIONS
Routine maintenance and repairs to an on-site wastewater treatment system, including but not limited to the following: replacement of septic tank covers or baffles, replacement of distribution box covers, replacement of cracked pipes, pumping of the septic tank, and replacement of mechanical pumps and devices. "Minor alterations" shall not include replacement of a septic tank, distribution box, or any addition, alteration, or rearrangement of water distribution or drainage piping.
ON-SITE WASTEWATER TREATMENT SYSTEM
A complete system of piping, watertight vessels or other facilities for the on-site collection, transport and treatment of sewage.
OTN INSPECTOR
Industry professional who has been trained and has successfully completed the 7.50-hour course for inspecting existing residential on-site wastewater treatment systems and has received a registration number from the New York Onsite Wastewater Treatment Training Network (OTN) indicating such. In the event that the OTN stops registering inspectors, the authority having jurisdiction will work with the Watershed Inspector to administer a training program and publish a list of approved inspectors for the public.
SEWAGE
The combination of human and household waste with water which is discharged to the plumbing system, including the waste from a flush toilet, bath, shower, sink, lavatory, dishwashing or laundry machine, or the water carried waste from any fixture, equipment or machine.
SUBSTANDARD SYSTEM
On-site wastewater treatment system that does not meet the design standards specified in Chapter 202 of this Code but shows no evidence of failure.
TEN-YEAR FLOOD ELEVATION
An elevation of 690.00 feet AMGL NGVD 1929 above sea level.
WORK AREA
That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this Code.
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Editor's Note: See Ch. 1, Art. II, Definitions and Word Usage.