Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
Any owner who intends to install a new OWTS or to conduct an alteration, addition, change of use, relocation or replacement of an existing OWTS, or to cause any such work to be done, shall first make an application for an OWTS permit to the AHJ and obtain such permit.
Exemptions from an OWTS permit shall not be deemed to grant authorization for any work to be done in a manner in violation of any applicable provision of this chapter or any other law. An OWTS permit is not required for the following:
A. 
Minor alterations.
The AHJ responsible for reviewing an application for an OWTS permit and issuing an OWTS permit as prescribed in the KWIC Policies and Procedures Manual.
Each application for an OWTS permit, with the required fee, shall be filed with the AHJ on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall contain a description of the type of system, the system location, the occupancy of all parts of the structure and all portions of the site or lot not covered by the structure, and such additional information as is required by the AHJ. The maximum number of bedrooms for residential occupancies shall be indicated.
A. 
An application for an OWTS permit shall be accompanied by construction documents drawn to scale, with sufficient clarity and detail dimensions showing the nature and character of the work to be performed. The type and amount of construction documents is prescribed in the KWIC Policies and Procedures Manual.
B. 
Registered design professional. Construction documents shall be prepared, signed and sealed by a registered design professional if required by law or deemed necessary by the AHJ.
An application for an OWTS permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the AHJ shall have the authority to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
This chapter shall not require changes in the construction documents, construction or use of an OWTS for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this chapter and has not been abandoned.
A site plan shall be included as part of the construction documents and conform to the applicable provisions prescribed in the KWIC Policies and Procedures Manual.
The application, construction documents and other data filed by an applicant for an OWTS permit shall be reviewed by the AHJ. If the AHJ finds that the proposed work conforms to the requirements of this chapter and all laws applicable thereto, and that the fees have been paid, an OWTS permit shall be issued to the owner. An OWTS permit shall not be transferable.
When the AHJ issues an OWTS permit where construction documents are required, the construction documents shall be endorsed in writing and marked with a stamp affirming the approval of the OWTS. Such accepted construction documents shall not be changed, modified or altered without authorization from the AHJ. Work shall be done in accordance with the accepted construction documents. The AHJ shall have the authority to issue an OWTS permit for the construction of a part of an OWTS before the construction documents for the whole system has been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this chapter or all laws applicable thereto. The holder of such permit shall proceed at his or her own risk without assurance that an OWTS permit for the entire system will be granted.
The AHJ may include in an OWTS such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of this chapter or any other pertinent law.
The issuance of an OWTS permit or acceptance of construction documents shall not be construed to be a permit for, or an approval of, any violation of any applicable provision of this chapter or other law. No permit presuming to give authority to violate or cancel any applicable provision of this chapter or other law shall be valid. The issuance of a permit based on construction documents and other data shall not prevent the AHJ from thereafter requiring the correction of errors in said construction documents and other data or from preventing OWTS operations being carried on thereunder when in violation of any applicable provision of this chapter or any other law.
An OWTS permit issued by the AHJ under the applicable provision of this chapter shall expire within one year from the date of the permit.
An owner shall have the right to apply for an extension of the time within which the work authorized by an OWTS permit when work cannot be completed within the time required by this chapter. The AHJ shall extend the time for completion by the owner for a period not exceeding one year if there is justifiable cause. No permit shall be extended more than four times.
The AHJ shall have the authority to revoke an OWTS permit issued under the provisions of this chapter wherever the permit is issued in error or based on incorrect, inaccurate or incomplete information, or in violation of any applicable provision of this chapter or other law.
An OWTS permit or a copy shall be kept on the site until the completion of the work.