This law repeals, supersedes, and replaces Ch. 331, the Wastewater Management Law of the Town, adopted March 21, 2011, and its subsequent amendments.
The provisions of this chapter shall not be deemed to nullify
any provisions of local, state or federal law.
A.
An owner shall be responsible for compliance with any applicable
provision of this chapter or other law regardless of any agreement
between or among contractors, lessors, operators, occupants, tenants
or other persons as to which party shall be responsible. It shall
be the duty of every owner who performs or causes to perform work
for the abandonment, alteration, installation, relocation, repair
or replacement of an OWTS to comply with any applicable provision
of this chapter or other law.
B.
The adoption of this chapter shall not affect or impair any act done,
offense committed or right accrued or acquired or liability, penalty,
forfeiture or punishment incurred prior to the time this chapter takes
effect.
Nothing in this chapter shall be construed to relieve persons
engaged in work on an OWTS from complying with other applicable provisions
of law, nor is it intended to alter or diminish any obligation otherwise
imposed by law on the owner, construction manager, general contractor,
contractors, materialmen, registered design professionals, or other
party involved in work on an OWTS to engage in sound design and engineering,
safe construction or demolition practices including but not limited
to debris removal, and to act in a reasonable and responsible manner
to maintain a safe construction or demolition site.
A.
The Code Enforcement Officer, Watershed Manager, Watershed Inspector,
member of the Zoning Board of Appeals or employee charged with the
enforcement of this chapter, while acting for the Town in good faith
and without malice in the discharge of the duties required by this
chapter or other pertinent law, shall not thereby be rendered civilly
or criminally liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of
official duties.
B.
Legal defense. Any suit or criminal complaint instituted against
any officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions
of this chapter shall be defended by the legal representatives of
the Town until the final termination of the proceedings. Such officer
or employee shall not be liable for costs in any action, suit or proceeding
that is instituted in pursuance of the provisions of this chapter.
An owner shall be required to execute a written agreement, which
shall be approved by the Town Attorney, prior to the AHJ issuing any
certificate or permit, or conducting any inspection as prescribed
in this chapter. Such owner shall agree to indemnify, defend and hold
harmless the Town and its officers, employees, agents and/or representatives
from all claims, demands, lawsuits, liability, damage or judgments
arising out of or in any way connected with the issuance of a certificate
or permit, or conducting any inspection as prescribed in this chapter.
The Town Board of this Town may, by resolution, authorize the
Supervisor of this Town to enter into an agreement, in the name of
this Town, with other governments to carry out the terms of this chapter,
provided that such agreement does not violate any applicable provision
of this chapter or other law.
In any case where a provision of this chapter is found to be
in conflict with a provision of any ordinance or local law, or with
a provision of any statute, rule, regulation, or order of the State
of New York, the provision which established the higher standard for
the promotion of the health, welfare and safety of the citizens of
the municipality shall prevail. In any case where a provision of this
chapter is found to be in conflict with a provision of any other ordinance
or local law existing on the effective date of this chapter, which
established a lower standard for the promotion of the health, welfare
and safety of the citizens of the municipality, the provisions of
this chapter shall be deemed to prevail.
If any clause, sentence, paragraph, section or a part of this
chapter shall be adjudged by a court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or a part thereof directly involved in
a controversy in which such judgment shall have been rendered.
This chapter shall be interpreted in such a way wherever possible
so that the meaning of the words and phrases and sections herein shall
make them valid and legal in their effect. Whenever the requirements
of this law are at variance with the requirements of other lawfully
adopted rules, regulations or laws, the law with the most restrictive
provisions or those imposing the higher standards shall govern.
This chapter shall be operative immediately and effective upon
being filed with the NYS Secretary of State pursuant to § 27
of the Municipal Home Rule Law of the NYS.
