Town of Milo, NY
Yates County
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A. 
Scope. Unless otherwise expressly stated, the following abbreviations, acronyms and definitions shall, for the purpose of this chapter, have the meanings shown in this chapter.
B. 
Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
C. 
Terms defined in the Keuka Watershed Improvement Cooperative's Policies and Procedures Manual. Where the terms are not defined in this chapter and are defined in the Keuka Watershed Improvement Cooperative's Policies and Procedures Manual, such terms shall have the meanings ascribed to them as in such manual.
D. 
Terms defined in other laws. Where the terms are not defined in this chapter and are defined in local, state or federal law, such terms shall have the meanings ascribed to them as in such law.
E. 
Terms not defined. Where terms are not defined by the methods authorized by this chapter, such terms shall have the ordinarily accepted meanings such as the context applies.
Abbreviation/Acronym
Term
AHJ
Authority having jurisdiction
CFR
Code of Federal Regulations
FEMA
Federal Emergency Management Agency
KWIC
Keuka Watershed Improvement Cooperative
MHWL
Mean high water level
NYCRR
New York Codes, Rules And Regulations
NYS
New York State
NYSDEC
NYS Department of Environmental Conservation
NYSDOH
NYS Department of Health
OTN
NYS On-Site Training Network
OWTS
On-site wastewater treatment system
AGENT
A person who shall have charge, care or control of any land, structure, work and/or use on behalf of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if that person was the owner.
APPROVED
Acceptable to the AHJ.
APPROVED AGENCY
An established and recognized agency regularly engaged in conducting tests or furnishing inspection and/or review services, when such agency has been approved by the AHJ. Examples of an approved agency are but shall not be limited to:
A. 
The registered design professional involved in the design of an OWTS or portion thereof is permitted to act as an approved agency and their personnel are permitted to act as special inspectors for the work designed by them, provided they qualify as special inspectors.
B. 
An OTN inspector.
AUTHORITY HAVING JURISDICTION (AHJ)
The Code Enforcement Officer, Health Officer, KWIC Manager, Watershed Inspector or other official(s) designated by the Town, or other regulatory agency (e.g., NYSDEC, NYSDOH, etc.), having the responsibility to administer and enforce the provisions of this chapter.
CHANGE OF USE
A use of land with an associated building and OWTS that is modified so as to likely cause an increase in hydraulic loading (e.g., change from a residential use to a nonresidential use; change of a nonresidential use to a different type of nonresidential use) as determined by the AHJ.
CODE ENFORCEMENT OFFICER
A public officer designated by the Town Board whom has successfully fulfilled the training requirements for Code Enforcement Officials pursuant to Title 19 NYCRR Part 1208.
CONSTRUCTION DOCUMENTS
All the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a permit. The construction drawings shall be drawn to an appropriate scale.
CONVEYANCE OF REAL PROPERTY
The transfer of the title of real estate from one to another, in the form of a deed or other legal instrument, filed in the Office of the County Clerk.
COUNTY
Yates County, New York.
ENHANCED TREATMENT UNIT (ETU)
This term shall bear the same meaning as "supporting deposition" that is defined in Appendix 75-A of Title 10 Part 75 of the NYCRR.
FAILED ON-SITE WASTEWATER TREATMENT SYSTEM (FAILED OWTS)
An OWTS that is not functioning properly as prescribed in the KWIC Policies and Procedures Manual.
FLOOD DAMAGE PREVENTION LAW
The Flood Damage Prevention Law of the Town of Milo[1] as currently in effect and as hereafter amended from time to time.
JUSTIFIABLE CAUSE
A reasonable ground for belief that certain alleged facts exist and those facts would induce a prudent public officer, acting within the scope of his or her duties, to believe a cause for the extension of an application, certificate, notice, order or permit is appropriate and proper.
KEUKA WATERSHED IMPROVEMENT COOPERATIVE (KWIC)
The Keuka Watershed Improvement Cooperative.
KWIC POLICIES AND PROCEDURES MANUAL
A manual adopted by each member municipality of KWIC to ensure the coordinated and uniform enforcement of wastewater regulations. Such manual shall also be approved by resolution of the Town Board prior to its administration and enforcement. Such manual shall be filed with the Town Clerk and may be amended from time to time upon resolution by the Town Board.
MEAN HIGH WATER LEVEL (MHWL)
The average springtime high water level. According to the NYSDEC, Division of Environmental Permits, the mean high water level is 715.3 feet for Keuka Lake and 447.25 feet for Seneca Lake.
MINOR ALTERATIONS
The routine maintenance and repairs to an OWTS as prescribed in the KWIC Policies and Procedures Manual.
NEW OWTS
The installation of a new OWTS serving any use at a lot of record requiring the installation of an and currently not utilizing the same.
NOTICE OF VIOLATION
An order issued pursuant to this chapter.
NUISANCE
Public nuisance as known in common law or equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever building, structure or premises is not sufficiently ventilated, sewered, drained, cleaned or lighted, in reference to its intended use; and whatever renders the air, human food, drink or water supply unwholesome.
NYSDEC WASTE TRANSPORTER
A person engaged in the transportation of regulated waste generated or disposed of within NYS and possess a valid New York State Part 364 Waste Transporter Permit. Specific requirements for persons transporting regulated waste are prescribed in 6 NYCRR Part 364. Such transporter shall be approved by the Watershed Manager to engage in such transportation activities within the Town.
OCCASIONALLY OCCUPIED STRUCTURE
A structure that is only occasionally occupied such as but not limited to a hunting and fishing cabin, has no water under pressure or provisions for wastewater discharge, and is not classified as a dwelling or any other type of residential use as prescribed by the Uniform Code.
ON-SITE TRAINING NETWORK (OTN)
The NYS On-site Training Network (OTN).
ON-SITE TRAINING NETWORK INSPECTOR (OTN INSPECTOR)
Industry professional who has been trained and has successfully completed the course for inspecting an OWTS and has received a registration number from the OTN indicating such. In the event that the OTN stops registering inspectors, the Watershed Manager shall administer a training program and publish a list of approved inspectors for the public.
ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS)
A complete system of piping, watertight vessels and/or other facilities for the on-site collection, transport and/or treatment of wastewater.
ON-SITE WASTEWATER TREATMENT SYSTEM CERTIFICATE TO OPERATE (OWTS CERTIFICATE TO OPERATE)
A certificate issued pursuant to this chapter.
ON-SITE WASTEWATER TREATMENT SYSTEM PERMIT (OWTS PERMIT)
A permit issued pursuant to this chapter.
OWNER
Any person, agent, operator, firm or business entity having a legal or equitable interest in the property as recorded in the official records of the county as holding title to the property.
PERSON
A natural person, heirs, executors, administrators or assigns, and includes a firm or business entity, its or their successors or assigns, or the agent of any of the aforesaid.
REGISTERED DESIGN PROFESSIONAL
An individual who is a registered architect (RA) in accordance with Article 147 of the Education Law of NYS or a licensed professional engineer (PE) in accordance with Article 145 of the Education Law of NYS, and acting within the scope of his or her practice to design an OWTS.
STOP WORK ORDER
An order issued pursuant to this chapter.
SUPPORTING DEPOSITION
This term shall bear the same meaning as "supporting deposition" that is defined in § 100.20 of the Criminal Procedure Law of NYS.
TOP OF WATERCOURSE BANK
The primary edge of the ordinary high water mark, or break in slope for a watercourse, which maintains the integrity of the watercourse.
TOWN
The Town of Milo, New York.
TOWN ASSESSOR
The Town Assessor of the Town.
TOWN ATTORNEY
The Town Attorney of the Town.
TOWN BOARD
The Town Board of the Town.
TOWN CLERK
The Town Clerk of the Town.
TOWN ENGINEER
The Town Engineer of the Town.
UNIFORM CODE
The NYS Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
USE
The activity occurring on a lot of record for which land or a structure is arranged, designed or intended, or for which land or a structure is or may be occupied.
WATERSHED INSPECTOR
A person qualified to perform the duties assigned to such position as prescribed within the KWIC Policies and Procedures Manual and shall be employed by the Town.
WATERSHED MANAGER
A person qualified to perform the duties assigned to such position as prescribed within the KWIC Policies and Procedures Manual and shall be employed by KWIC.
WORKMANSHIP
Work of such character that will fully secure the results sought in all the sections of this chapter and any other applicable laws governing the design, construction, installation, quality of materials, location, operation, repair and maintenance or use of OWTS.
ZONING LAW
The Zoning Law of the Town of Milo[2] as currently in effect and as hereafter amended from time to time.
[1]
Editor's Note: See Ch. 204, Flood Damage Prevention.
[2]
Editor's Note: See Ch. 350, Zoning.