[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.
The Department of Code Enforcement as per Chapter 104 of the Code of the Village of East Hampton.
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."
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.
The removal and replacement, whether or not if it's in place
and in kind, of all or a substantial part of a preexisting building
or structure. The rebuilding, whether or not in place and in kind
of all or a substantial part of a building or structure which has
been damaged or destroyed, shall be included in this definition. If
the cost of the work in question exceeds 50% of the full replacement
cost of the structure as estimated by the Building Inspector, it shall
be deemed to involve a substantial part of the building or structure.
Appeals of the Building Inspector's percentage determination of replacement
cost may be made to the Zoning Board of Appeals. The word "reconstruct"
in its various modes and tenses and its participle form refers to
the undertaking of a reconstruction.
[Added 7-30-2021 by L.L. No. 18-2021]
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.
A.Â
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.
B.Â
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:
(1)Â
All construction and/or reconstruction of new single-family or multiple
family residences or buildings capable of being used as a residence;
(3)Â
Any
replacement or expansion, whether either is voluntary or involuntary,
of an existing sanitary system servicing single-family or multiple
family residences or any buildings capable of being used as a residence;
[Added 7-30-2021 by L.L. No. 18-2021]
(4)Â
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%;
(5)Â
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;
C.Â
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 I/A system to address and accommodate such
limitations. It is not good cause if a I/A 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.
[Amended 7-30-2021 by L.L. No. 18-2021]
A.Â
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.
B.Â
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.
C.Â
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.
(1)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
