[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 2-7-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings unless the context indicates otherwise:
- Any in-ground wastewater disposal system which incorporates or operates as a combined septic tank/drain field process without a separate and distinct septic tank as defined herein.
- CODE ENFORCEMENT OFFICE
- The Department of Code Enforcement as per Chapter 104 of the Code of the Village of East Hampton.
- INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM
- An on-site decentralized wastewater treatment system that, at a minimum, is designed to reduce total nitrogen effluent to 19 mg/l, sometimes referred to as an "I/A system."
- ON-SITE WASTEWATER DISPOSAL SANITARY SYSTEM
- Any in-ground cesspool, septic tank or drain field or any combination of such structures, used for the disposal of sanitary sewage and normal domestic wastes generated on or near the property on which the system is located, and sometimes referred to as a "disposal system" or simply a "system."
- Any individual, firm, partnership, association, corporation, company, organization or other recognized legal entity of any kind, including municipal corporations or other governmental agencies or subdivisions thereof, excluding only the Village of East Hampton.
- SEPTIC TANK
- Any buried watertight receptacle designed and constructed to receive wastewater from a home, business enterprise or other source, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to then pass on to other structures for percolation into the ground.
All construction of sanitary systems shall conform to standards for sewage and waste disposal systems, as then established by the Suffolk County Department of Health Services, to all applicable wetland setbacks of the New York State Department of Environmental Conservation and of the Village of East Hampton and all other applicable local, county and state regulations concerning the siting of such structures and systems. No building permit of any such work shall be issued until all applicable provisions of the Village Code, including Chapter 278, Zoning, have been complied with.
In addition to the conditions provided for in Subsection A, in all the following circumstances the sanitary systems installed must be, or the current sanitary system must be upgraded to, an innovative and alternative on-site wastewater treatment (I/A) system:
All construction and/or reconstruction of new single-family or multiple family residences or buildings capable of being used as a residence;
Any construction that increases the gross floor area (as defined pursuant to Chapter 278, Zoning) of an existing single-family or multiple-family residence or other building capable of being used as residence by 25%;
Any construction that increases the number of bedrooms in a single-family or multiple -family residence or other building capable of being used as a residence beyond the number of bedrooms authorized by a permit previously issued by the Suffolk County Department of Health Services;
Whenever the installation of an I/A system is required pursuant to the provisions of this chapter or any other chapter of the Code of the Village of East Hampton, the property owner shall be required to obtain a building permit from the Code Enforcement Office. The Zoning Board of Appeals may grant a variance from the provisions of this section upon a showing of good cause. Good cause must be based upon a showing that compliance is impossible due to physical limitations and lack of an approved low-nitrogen sanitary system to address and accommodate such limitations. It is not good cause if a low-nitrogen sanitary system exists that would accommodate such limitations, but does not accommodate an applicant's proposal to increase occupancy or use. In determining whether to grant such a variance, the Zoning Board of Appeals should consider, in addition to such limitations, whether a covenant applicable to heirs, successors and assigns should be required to be recorded in the Suffolk County Clerk's office providing that the applicant will upgrade the system if a low-nitrogen system is approved, provisionally or otherwise, by the Suffolk County Department of Health Services that can accommodate the physical limitations of the property or upon availability of a community sanitary system that the subject property can be hooked up to.
The fee charged for building permits obtained under this chapter shall be in such amount as shall be from time to time prescribed by resolution of the Village Board. Different fee schedules for residential and commercial properties, or for different types or sizes of on-site disposal systems may be established.
Every owner of an I/A system as defined in this chapter must maintain such system in accordance with the manufacturer's recommendations and monitor the effectiveness of such system to assure that it continues to function in the manner it was designed to function in its efficiency in removing nitrogen. The Code Enforcement Office may, at any time, require a monitoring report, engineer's report, and/or performance and maintenance report demonstrating that the proposed system complies with the Suffolk County Department of Health Services requirements.
Whenever the Code Enforcement Office has reasonable grounds to believe that operations are being conducted in violation of the provisions of this chapter or are not in compliance with a permit or other license issued hereunder, it may notify the owner of the property, the owner's agent or the person performing such operations to modify or suspend all or part of such operations, and any such person shall forthwith comply with such notice of violation until the same has been rescinded. To the extent that any notice of violation issued hereunder requires immediate suspension, modification or cessation of any operation(s), it shall be deemed to be a stop-work order. A notice of violation shall be in writing, shall specify the violations and shall state the conditions which must be complied with and the time within which compliance must be completed. If suspension of operations has been required, the notice shall so state with clarity and shall describe under what conditions, if any, said suspended operations will be permitted to be resumed. A notice of violation shall be served upon the person to whom it is directed by delivering it to him or her personally or by posting the same in a conspicuous place on the premises where operations are conducted and by mailing a copy thereof to such person by certified mail to his or her last known address.
The Code Enforcement Office may extend the time for compliance specified in any notice of violation where there exists evidence of intent to comply within the time period specified, conditions exist which prevent complete compliance within such originally specified time period and it has determined that there will be no threat to public health, safety or property from the additional period of continued noncompliance.
Effect of failure to comply. In the event that the person upon whom a notice of violation has been served shall fail to comply with the same within the time period specified, or any extended time period later granted by the Code Enforcement Office, any and all permits, licenses, authorization or permissions issued to the person pursuant to this chapter shall be deemed revoked.
No effect on other remedies. Nothing in this section concerning the nature and effect of notices of violations shall be construed as limiting the authority of the Code Enforcement Office to pursue any necessary and appropriate legal means to properly and effectively administer and enforce the provisions of this chapter and to obtain compliance therewith. In addition to any other legal remedies available to him or her, the Code Enforcement Office may, after consultation with the Village Attorney, file criminal informations and commence court proceedings on behalf of the Village to compel such compliance.
In addition to enforcement by the Sanitation Inspector, the provisions of this chapter may be enforced by the Village Code Enforcement Office, whether or not it is serving as Sanitation Inspector. For such enforcement purposes only, each such officer shall be deemed to have the same authority as is given in this chapter to the Sanitation Inspector to enforce this chapter.
Any owner, occupant, builder, architect, contractor, agent or other person who commits, takes part in or assists in a violation of this chapter shall be liable upon conviction for a fine not to exceed $500 (or any lesser amount which may be specified herein for a particular violation) or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur or be maintained shall constitute a separate additional offense.