Town of Bedford, NY Public Sewer System: Bedford Hills-Katonah Phase II Sewer District

The masculine gender shall include the feminine, and the singular shall include the plural, where indicated by the context.

"Shall" is mandatory; "may" is permissive.

Abbreviations. The following abbreviations shall have the designated meanings:

ASTM

American Society for Testing and Materials.

BH-KPIISD

Bedford Hills-Katonah Phase II Sewer District.

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

CWA

Clean Water Act.

EPA

Environmental Protection Agency.

GRD

Grease removal device.

mg/l

Milligrams per liter.

NYSDEC

New York State Department of Environmental Conservation.

POTW

Publicly owned treatment works.

SPDES

State Pollutant Discharge Elimination System.

Suspended solids (total).

§ 92-5 Connection required; fee for failure to connect.

The owner of any lot within the BH-KPIISD with buildings having plumbing facilities and used for human occupancy, employment, recreation or other purposes shall connect, at his or her expense, such facilities directly with the POTW in accordance with the provisions of this chapter, no later than six months following notification by the BH-KPIISD to do so. A fee as set forth in the fee schedule adopted by the Town Board shall be paid for failure to connect to the sewer system within the six-month period.

§ 92-6 Connection at owner's expense.

All costs and expenses for the installation and connection of the building sanitary drain and private lateral and to close any existing private sewage disposal system shall be borne by the property owner. The owner shall provide insurance and indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sanitary drain and private lateral, in accordance with the insurance schedule and indeminity provisions as adopted by the Town Board.

Where a pump is required to pump to a gravity sewer due to topography of the parcel or any other reason, the property owner is responsible for the installation, maintenance, and future replacement of the pump. The pump must be installed in compliance with applicable plumbing and electrical codes.

§ 92-7 Easements for public lateral work for gravity sewers on private property.

If the Town is provided with an easement by the property owner, the Town will provide a public lateral from the sewer main up to five feet from the edge of the building or to the existing septic tank, whichever location is closer to the sewer main. In the event a property owner does not grant the Town an easement to install and maintain a gravity public lateral on their property, such property owner shall be solely responsible for the costs of the installation, maintenance and connection of the private lateral on their property. The Town shall, in the Town's sole discretion, make reasonable attempts to contact the property owner to obtain such easement to allow the installation of public lateral, which shall include sending a certified mail request to the owner of record as identified in the Receiver of Taxes' office.

§ 92-8 Construction specifications.

Private lateral/public lateral connections.

The connection of the private lateral to an existing public lateral shall be made at the end of the easement granted from the property owner to the Town or the property line if no easement is granted. If a public lateral has not previously been provided, the public lateral will be constructed from the existing POTW to the property line, by a plumber or septic contractor licensed by the County of Westchester, at the owner's expense. The public lateral shall be installed with a properly sealed and covered cleanout to grade located at the end of the easement granted from the property owner to the Town or the property line if no easement is granted. The cleanout shall terminate in a metal box embedded in concrete.

Except as set forth in § 92-8A(1) above, the cost of constructing the public lateral from the existing POTW to the end of the easement granted by the property owner to the Town, or the property line if no easement is granted, shall be at the BH-KPIISD's expense; all subsequent costs and expense incidental to the installation and connection of the private lateral shall be borne by the owner.

Any private lateral shall be installed by a plumber or septic contractor licensed by the County of Westchester, with the exception of work required to be performed by a licensed plumber by the New York State and/or local plumbing code. The New York State plumbing code currently (as of July 2020) requires that work on sanitary sewer pipes less than 30 inches from the building foundation or inside a building be performed by a licensed plumber. All costs and expenses incident to the installation of the private lateral shall be borne by the owner.

The property owner and/or the plumber or septic contractor licensed in the County of Westchester hired to install such private lateral shall provide insurance for and indemnify and hold harmless the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the private lateral.

It shall be the responsibility of the property owner to maintain, repair, or replace the private lateral, as needed.

(6)

The method of connection of the private lateral to the public lateral will be dependent upon the type of sewer pipe material and, in all cases, shall be approved by the Commissioner and shall conform with all current and applicable requirements of the International Code Council and the New York State Code. After installation of the public lateral has been approved by the Commissioner, the new public lateral shall become the property of the Town. Any subsequent repairs to the new public laterals shall be made by the Town at the Town's expense.

Cleanout repair/replacement. If, in the judgment of the Commissioner, it is determined that a private lateral, without a property line cleanout, needs repair or replacement, the Town may install a cleanout at the property line, at the property owner's expense, such that the public lateral can be maintained independently of the private lateral.

Testing. The public lateral, private lateral, or the combined lateral shall be tested for infiltration/exfiltration by:

Any full pipe method approved by the Commissioner; or

A suitable joint method, with the prior written approval of the Commissioner.

Connection inspection. The applicant for the private lateral permit shall notify the Commissioner when the private lateral has been installed and is ready for inspection and connection is to be made to the public lateral. The connection shall be made under the supervision of the Commissioner.

Trench inspections. When trenches are excavated for the laying of private lateral pipes or for laying of public lateral pipes, such trenches shall be inspected by the Commissioner. Before the trenches are backfilled, the person performing such work shall notify the Commissioner when the laying of the private lateral is completed, and no backfilling of trenches shall begin until approval is obtained from the Commissioner.

Public safety provisions required; restoration of disturbed areas. All excavations for constructing private laterals shall be adequately protected with barricades and lights so as to protect the public from hazard. Appropriate erosion and sediment controls shall be installed in accordance with all applicable regulations and the requirements of the Department of Public Works. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Commissioner. When installation requires disturbance of paved public roads and shoulders, restoration shall involve backfilling to road grade. The person performing the restoration shall complete road and shoulder restoration to the Town Standards and in conformance with the street opening permit required in § 92-14 herein.

§ 92-9 Closing of individual wastewater treatment systems.

Where the connection involves the closing of an existing septic tank, cesspool or similar type of individual wastewater treatment system, such system shall be immediately decommissioned in conformance with state and county health regulations and guidance and under the direction of the Building Inspector. Requirements for individual wastewater treatment systems utilizing galleys shall be determined by the Building Inspector on an individual basis. If the Building Inspector cannot be present for the closing of the individual wastewater treatment system, a certification by the licensed septic contractor will be required.

§ 92-10 Discharge and use restrictions.

General discharge prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference with the operation or performance of a POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to Federal Categorical Pretreatment Standards or any other federal, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

Any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or to be injurious in any other way to a POTW or to the operation of a POTW. At no time shall two successive readings on an explosion-hazard meter at the point of discharge into the system, or at any point in the system, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, alcohols and any other substances which the Town of Bedford, New York State or the EPA has notified the user are a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer pipe or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, gas, tar, asphalt, residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0 or higher than 9.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of a POTW.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of a POTW or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(e)

Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewer system for their maintenance and repair.

(f)

Any substance which may cause a POTW's effluent or any other product of a POTW, such as residues, sludge or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to a POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.

(g)

Any substance which will cause a POTW to violate its SPDES permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process.

(i)

Any wastewater having a temperature which will inhibit biological activity in a POTW treatment plant resulting in interference but in no case wastewater at a temperature that causes the influent to the POTW to exceed 40° C. (104° F.).

(j)

Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(k)

Garbage grinders and the discharge of shredded garbage from such grinders shall not be permitted.

(l)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations.

(m)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(n)

Any wastewater containing any hazardous materials.

When the Town determines that a user is contributing to a POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Town shall advise the user of the impact of the contribution on the POTW and develop limitations for such user to correct the interference with the POTW. The Commissioner, Building Inspector or their representatives shall be permitted, after notice and at reasonable times, to inspect a user's property to determine the user's compliance with the provisions of this chapter.

Unpolluted waters. No person shall discharge or cause to be discharged any unpolluted waters, such as stormwater, roof runoff, subsurface drainage or cooling water, to the POTW.

Septage wastes. No person shall discharge or cause to be discharged into any part of the sewer system, either directly or indirectly, any septage, holding tank wastes that are anaerobic, or overflow or effluent from a septic tank, cesspool subsurface drainage trench or other receptacle storing organic wastes.

Specific pollutant limitations. No person shall discharge wastewater containing in excess of:

300 mg/l BOD.

350 mg/l SS.

0.05 mg/l arsenic.

0.1 mg/l cadmium.

1.0 mg/l copper.

0.1 mg/l cyanide (amendable).

0.1 mg/l lead.

0.01 mg/l mercury.

1.0 mg/l nickel.

0.1 mg/l silver.

1.0 mg/l total chromium.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations, or those in this chapter.

Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the Town or state.

Accidental discharges from industrial users. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before connection to the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify in writing the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Damage to facilities. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system. Any person violating this provision shall be subject to immediate arrest under charges of disorderly conduct.

Existing privately owned screening facilities. Existing privately owned screening facilities, including sewage grinders, shall be operated and maintained in good operating condition in accordance with manufacturer's operating and maintenance guidelines in order to eliminate the load of large debris to the POTW. A fee shall be paid as set forth in the fee schedule adopted by the Town Board for the failure of the owner/operator to properly operate and maintain the privately owned screening facilities.

§ 92-11 Discretionary actions by Commissioner.

If any waters or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in § 92-10 of this chapter and which, in the judgment of the Commissioner, may have a deleterious effect upon the sewer system, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Commissioner may:

Reject the wastes; or

Require pretreatment to an acceptable condition for discharge to the sewer system; or

Require control over the quantities and rates of discharge.

§ 92-12 Required grease interceptor and GRDs.

Grease interceptors or GRDs shall be provided when, in the opinion of the Commissioner, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such grease interceptors or GRDs shall not be required for private living quarters or dwelling units. All grease interceptors and GRDs shall be of a type and capacity approved by the Commissioner and shall be located so as to be readily and easily accessible for cleaning and inspection.

It shall be the responsibility of the owner/operator to install, maintain, repair or replace a grease interceptor or GRD, as the case may be, at the owner's/operator's expense, to ensure said building plumbing system is in compliance with the New York State Uniform Fire Prevention and Building Code or other applicable rules and regulations.

Each and every food service establishment, as defined in Chapter 873, Article V, Section 873.411, of the Westchester County Code and as licensed by the Westchester County Department of Health, shall cause to be installed an operating grease interceptor or GRD, to which all grease and grease-containing liquids generated in the normal course of business shall be directed. Each and every food processing establishment and/or retail food store, as identified and as licensed by the New York State Department of Agriculture and Markets, shall cause to be installed an operating grease interceptor or GRD, to which all grease and grease-containing liquids generated in the normal course of business shall be directed.

All grease interceptors and GRDs shall be of a type and capacity approved by the Commissioner and shall be located so as to be readily and easily accessible for cleaning and inspection. All work must conform to the New York State Uniform Fire Prevention and Building Code or other applicable rules and regulations of the Town.

Cleaning and inspection of grease interceptors. All new and existing grease interceptors shall be cleaned and inspected by a licensed waste disposal firm on a quarterly basis, at the owner's/operator's expense. For each grease interceptor cleaning, the owner/operator shall maintain a log of manifests, recording the name of the contractor, date of haulage, results of inspection and quantity of contents removed from the grease interceptor. The log shall be submitted to the Commissioner twice per year, by January 31 and July 31. After one full year of such quarterly cleaning and inspection, the Commissioner may require more- or less-frequent cleaning and inspections for each grease interceptor. In making his determination, he shall consider the size of the grease interceptor, the type of establishment utilizing the grease interceptor, the inspection reports, the log of manifests, and any other considerations he sees fit. A fee shall be paid as set forth in the fee schedule adopted by the Town Board for the failure of the owner/operator to properly clean or inspect the grease interceptor or to file required reports.

GRDs are not subject to the cleaning and inspection provisions of grease interceptors as set forth in § 92-12E above. However, the owner/operator of a GRD shall maintain a log of manifests, recording the date of haulage and quantity of contents removed from the GRD. This log shall be submitted to the Commissioner twice per year, by January 31 and July 31.

The Commissioner, Building Inspector or their representatives shall be permitted, after providing notice and at reasonable times, to inspect a user's grease interceptor or GRD to determine the user's compliance with the provisions of this chapter.

§ 92-13 Grinder pump units and pressure sewer systems.

General. Grinder pump units and pressure sewer systems from time to time are economically feasible where a gravity sewer system is cost-prohibitive. Under these circumstances the following regulations shall apply.

Responsibility.

The lots listed below within the BH-KPIISD with buildings having plumbing facilities and/or used for human occupancy, employment, recreation or other purposes in existence on the date a contract is awarded for installation of a low-pressure sewer line abutting the property line of a lot shall have a Town-owned grinder pump installed in accordance with plans approved by the Town and the Westchester County Department of Health and maintained by the Town and shall grant the Town an easement to install and maintain the Town-owned grinder pump and the connection from the grinder pump to the sewer line. Connection from the building to the grinder pump shall be made by the owner in accordance with plans approved by the Town and the Westchester County Department of Health.

Lots with Town-Owned Grinder Pumps:
60.14-2-01
60.14-2-02
60.14-2-03
60.14-2-04
60.14-2-05
60.14-2-06
60.14-2-09
60.14-2-11
60.14-2-13
60.14-2-14
60.14-2-16
60.14-2-17
60.14-2-18
60.14-2-19

In the event any property owner with a Town-owned grinder pump does not grant the Town an easement to install and maintain a Town-owned grinder pump and the connection from the grinder pump to the sewer line, such property owner shall be solely responsible for the costs of such installation, maintenance and connection. The Town shall, in the Town's sole discretion, make reasonable attempts to contact the property owner to obtain such easement, which shall include sending a certified mail request to the owner of record as identified in the tax receiver's office. In addition, any property owner who fails or refuses to grant the Town an easement to install and maintain a Town-owned grinder pump and the connection from the grinder pump to the sewer line shall be subject to penalties as set forth in § 92-18. Such property owner may also be subject to all other legal remedies, including but not limited to injunctive relief, and shall be liable to the Town for any expenses incurred by the Town pursuing such remedies, including but not limited to reasonable costs and attorney's fees.

The costs of installation and maintenance of all other grinder pumps shall be the sole responsibility of the property owner.

Grinder pump connections. All gravity connections to grinder pumps shall be made in accordance with the following specifications and those specifications for the contract as amended:

Sewer connections shall be laid solidly on a true grade of not less than 1/4 inch per foot. They shall be laid in a straight line. Change in direction, if necessary, shall be made with proper fittings. All pipes shall be clear of dirt or other foreign materials as the work progresses.

The fill over and around the pipe up to a depth of one foot over the top of the pipe must be carefully selected materials free from clay, large stones, or debris. It shall be carefully compacted.

Adequate cleanouts shall be installed not over 50 feet apart so that at all times the route of the flow can be rodded or cleaned mechanically between the building and the grinder pump unit.

All materials used must be in accordance with prevailing Town standards.

All materials used must be inspected by the Commissioner. No work shall be inspected or approved unless the trench is open for its entire length and all pipe and joints visible. Any trench backfilled before such inspection is made and the work approved shall be reopened for its entire length by the party performing the work. The party performing the work shall notify the Commissioner, giving at least 24 hours' notice in advance of the time when the connection will be laid and ready for inspection of such sewers, as are specifically designated by the Town.

(6)

No connection will be permitted for draining stormwater, roof water, surface water from roads, driveways, or lawns, groundwater runoff, subsurface drainage, cooling water, cellar drains, including sump pumps, or other ponded water. Stormwater and all other unpolluted water shall be discharged to such storm sewers as are specifically designated by the Town.

Electrical.

The property owner shall be responsible for the cost of electricity to operate all grinder pump units.

For Town-owned grinder pumps, the Town shall be responsible for the cost of supply, delivery and installation of electrical parts, materials, labor and equipment required for complete and proper operation for the grinder pump station, including a portable generator connection described in § 92-13D(4) below. The property owner shall grant the Town and its contractors access to the property, to the owner's premises and electrical panel, and allow the Town to install the necessary electrical connections to the grinder pump station and alarm panel. All electrical work, equipment and apparatus provided and installed shall conform to the New York State Uniform Fire Prevention and Building Code or the National Electrical Code.

For grinder pumps owned by the property owner, the property owner shall be responsible for the cost of supply, delivery and installation of all electrical parts, materials, labor and equipment required for complete and proper operation of the grinder pump station, including a portable generator connection, as described in § 92-13D(4) below. All electrical work, equipment and apparatus provided and installed shall receive an electrical permit and shall conform to the New York State Uniform Fire Prevention and Building Code or the National Electrical Code.

Portable generator connection. A portable generator connection shall be required for all Town-owned grinder pumps. The portable generator connection shall be a surface-mounted NEMA 3R enclosure with padlock provisions with generator receptacle compatible with the Town's portable generator unit. The size of the enclosure shall be eight inches by six inches by four inches minimum. This unit shall be mounted outside the building on the building wall unless otherwise determined by the Town.

Emergency power of grinder pump units. The Town will make its best effort to supply emergency power to Town-owned grinder pumps. Privately owned grinder pumps shall be the responsibility of the property owner.

§ 92-14 Sewer, street opening and plumbing permits required.

Sewer permits.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any part of the sewer system on private property or within the right-of-way of a public street without first obtaining a sewer permit and, if applicable, a street opening permit from the Commissioner. All work on any portion of the sewer system, including work on private property or in the Town right-of-way, shall be performed by a plumber or septic contractor licensed by the County of Westchester, with the exception of work required to be performed by a licensed plumber by the New York State and/or local plumbing code. The New York State plumbing code currently (as of July 2020) requires that work on sanitary sewer pipes less than 30 inches from the building foundation or inside a building be performed by a licensed plumber. All costs and expenses incident to the installation of and connection to the sewer system shall be borne by the owner. The owner and/or the plumber or septic contractor licensed in the County of Westchester hired to do such installation shall provide insurance and indemnify and hold the Town harmless from any loss or damage that may directly or indirectly be occasioned by the installation to the POTW.

The owner shall make application for construction, repair or replacement of a public lateral or private lateral in accordance with the requirements of Chapter 104, Streets and Sidewalks, Part 1, Street Openings; Driveways; Obstructions, of the Town of Bedford Town Code. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Commissioner. There shall be a permit and fee as set forth in the fee schedule adopted by the Town Board, which shall be paid at the time the application is filed. Said fee shall be in addition to any fees required by the Building Inspector for a plumbing permit.

Plumbing permits. No building sanitary drain shall be constructed until a licensed plumber has filed and received a plumbing permit from the Building Inspector upon payment of a fee as set forth in the fee schedule adopted by the Town Board. Construction of repairs and replacements shall comply in all respects with the weight, quality, materials, arrangements, and venting as provided for in the New York State Uniform Fire Prevention and Building Code, including the New York State Plumbing Code and the State Energy Conservation Construction Code. Each such sewer permit, when issued, shall authorize the installation of plumbing or drainage and shall include such inspections as are required under these codes.

All costs and expenses incident to the installation and connection of the building sanitary drain and private lateral shall be borne by the owner. The owner and/or the plumber or septic contractor licensed in the County of Westchester hired to do such installation shall provide insurance and indemnify and hold harmless the Town from any loss or damage that may directly or indirectly be occasioned by the installation of these facilities.

§ 92-15 Capacity.

Capacity. The POTW treatment plant is operated by the Town in accordance with an SPDES permit issued by the New York State Department of Environmental Conservation. The Town is obligated by law to comply with conditions of that SPDES permit and to operate and manage the POTW treatment plant in accordance with the SPDES permit and all other applicable Westchester County, New York State and federal laws. Recognizing that there is insufficient capacity to service the entire Town and that the load on the POTW treatment plant therefore must be controlled, the Town Board will allocate the uncommitted reserve capacity in accordance with the provisions of this § 92-15.

Capacity allocation for structures in the sewer district.

Any building with indoor plumbing fixtures within the Light Industrial ("LI") Zoning District will be permitted wastewater flow not greater than 115% of the previous three-year average annual water flow as determined by the records of the Bedford Consolidated Water District. When the current wastewater flow exceeds this amount for an annual running average, the user and/or property owner shall provide written documentation to the Commissioner within three months of receiving notice by the Town explaining the increase in wastewater flow and proposing methods to decrease the use of wastewater through a water conservation plan. The water conservation plan shall address, at a minimum, the following topics, where applicable:

Leak inspection;

High-efficiency toilets;

EPA WaterSense low-flow plumbing fixtures;

High-efficiency prerinse spray valves for all restaurants and food preparation facilities;

(e)

Commercial high-efficiency clothes washers; and

(f)

Submetering of individual units of multi-use larger facilities.

If the Commissioner finds the water conservation plan acceptable, the property owner shall comply with the requirements of the plan. If the Commissioner finds the water conservation plan not to be acceptable, the plan shall be revised and resubmitted within one month of written notice by the Town. If the revised water conservation plan is not acceptable, the Commissioner may levy a fee as specified in the fee schedule adopted by the Town Board for each day the building exceeds 15% of the previous three-year average annual flow.

In the LI Light Industrial Zoning District, when an approval of the Planning Board, Zoning Board of Appeals or Building Inspector, or a change in tenancy or ownership, would result in a new or modified building with indoor plumbing fixtures or any increased wastewater flow from an existing building, the Commissioner may allocate the new wastewater flow in accordance with the requirements of § 92-15C below. The property owner of the new or modified building shall also provide a water conservation plan as described in § 92-15B(1).

In the R-1/4A Residence One-Quarter-Acre Zoning District within the sewer district, when an approval of the Planning Board, Zoning Board of Appeals or Building Inspector would result in a new or modified building with an increased bedroom count, the Commissioner may allocate the new wastewater flow in accordance with the requirements of § 92-15C below. The property owner of the new or modified building shall also provide a water conservation plan as described in § 92-15B(1).

Method of allocation.

The Commissioner shall apply the following methods to allocate reserve sewage capacity flow to properties within the sewer district, on a first-come-first-served basis.

Properties within the LI Light Industrial Zoning District of the sewer district will be permitted excess capacity of up to 5,000 gallons per day, with 2,000 gallons per day of the 5,000 gallons per day reserved solely for AAFFH units as defined in Town Code § 125-3.

Properties within the R-1/4A Residence One-Quarter-Acre Zoning District of the sewer district will be permitted up to 3,000 gallons per day.

When a project may result in a new or modified building with indoor plumbing fixtures or any increased wastewater flow from an existing building, any such application to the Planning Board, Zoning Board of Appeals or Building Inspector relating to such changes in use or tenancy must include flow estimates from the previous three-year average annual water flow as determined by the records of the Bedford Consolidated Water District and an estimate by a licensed engineer with respect to future flows based on the change or modification of use to determine the allocation of reserve capacity.

Before any applications are reviewed by the Planning Board, Zoning Board of Appeals or Building Inspector that require an allocation of reserve sewage capacity, the Commissioner shall review any flow estimates prior to consideration of such application, shall determine the amount of reserve sewage capacity required and whether such reserve capacity is available and shall issue a written determination confirming such findings. The quantity of capacity approved by the Commissioner in such finding is for planning purposes only and is not a guarantee that such capacity will be available to any applicant for actual use.

Reserve Capacity for applications not involving single-family residences.

Upon the date of the Commissioner's issuance of a written determination for all applications not involving single-family residences, any such reserve sewage capacity shall be held and will not be available to other applicants for a period of six months during which time the applicant must file a site plan application as set forth in § 92-15C(4)(b) below. Failure to file an application for site plan approval shall result in a forfeiture of the reserve sewage capacity. The applicant shall then be permitted to reapply for such reserve sewage capacity, so long as reserve sewage capacity is available at the time of reapplication.

Any applicant seeking approvals for a project with sewage capacity being reserved shall be required to process such site plan application in a reasonable and expeditious manner. If a final determination regarding such site plan application is not made within one year of the initial appearance at a Planning Board meeting on such site plan application, the applicant may seek an additional six-month extension of the held reserve sewage capacity from the Planning Board, which extension may be granted at the Planning Board's discretion, taking into account an applicant's efforts to process such application, or circumstances which may have interrupted or prohibited the processing of such application. Additional six-month extensions may be granted at the Planning Board's discretion, taking into account the number of extensions granted, an applicant's efforts to expeditiously process such application, or circumstances which interrupted or prohibited the processing of such application. The Planning Board shall notify the applicant in writing at least 30 days prior to the cancellation of any reserved sewage capacity.

All projects requiring an allocation of reserve sewer capacity pursuant to this § 92-15C(4) shall require site plan approval from the Planning Board pursuant to Town Code Chapter 125, Article IX, and the Planning Board shall not be permitted to grant a waiver from requirements pursuant to Town Code § 125-93 for any project requiring reserve sewage capacity.

In considering whether to grant a site plan that requires an allocation of reserve sewer capacity pursuant to this § 92-15C(4), the Planning Board may consider the following factors:

[1]

Does the proposed use and/or modification conform to the Town's Master Planning goals for providing i) affordable housing, ii) retention of existing historic buildings; and iii) adaptive reuse of underutilized upper floors of retail buildings in the Central Business Districts in both the Hamlet of Katonah and Bedford Hills?

[2]

Does the proposed use and/or modification make use of existing square footage to the maximum extent practicable?

[3]

Does the proposed use and/or modification avoid destruction of historic resources to the maximum extent practicable?

[4]

If additional square footage is added, does the propose use and/or modification conform in scale and design to the existing streetscape and character?

[5]

Will the proposal use and/or modification create a need for additional parking and, if yes, how will that need be accommodated?

(e)

Following the approval of any site plan application which requires reserve sewage capacity, any sewage capacity shall be reserved until such time the associated site plan approval granted by the Planning Board expires pursuant to Town Code § 125-98.

Reserve Capacity for applications involving single-family residences.

Upon the date of the Commissioner's issuance of written determination for all applications involving single-family residences, any such reserve sewage capacity shall be held and will not be available to other applicants for a period of six months, during which time the applicant must file an application for a building permit with the Town Building Department. Failure to file an application for a building permit within the six-month period shall result in a forfeiture of the reserve sewage capacity. The applicant shall then be permitted to reapply for such reserve sewage capacity, so long as reserve sewage capacity is available at the time of reapplication.

Any applicant seeking approvals for a project with sewage capacity being reserved shall be required to cooperate with the Building Department by providing any information required to obtain a building permit within six months and shall take reasonable steps to obtain such building permit in an expeditious manner. If a building permit is not issued within six months of the filing of an application for a building permit, the applicant may be granted an additional six-month period to obtain such building permit, which extension shall be granted by the Building Department in the event the applicant has taken reasonable efforts to obtain such building permit, or there are circumstances which prohibited or prevented the processing of such application.

(6)

The issuance of a sewer permit pursuant to this chapter shall confirm the right to discharge to the sewer system for the approved use unless and until any building permit issued with respect to the project requiring sewage capacity is terminated or expires and a certificate of occupancy has not been issued. The issuance of a certificate of occupancy with respect to any project requiring excess sewage capacity shall confirm the right to discharge to the sewer system for the approved use. The quantity of capacity submitted for planning purposes is not guaranteed.

(7)

If reserve sewage capacity is fully allocated at the time an applicant seeks reserve sewage capacity, the Commissioner of Public Works shall have the authority to create a wait list of applicants, on a first-come-first-served basis, to allocate reserve sewage capacity as it becomes available.

(8)

The Town Board may revise the allocation quantities at any time, but the Board shall review the allocation priorities for any of the following reasons, whichever first occurs:

Five years from the date of the Town Board's original adoption of this chapter.

Use by either the LI Zoning District or the R-1/4A Residence One-Quarter-Acre Zoning District of the total reserve capacity dedicated to either of those areas;

Use of the total amount of reserve capacity dedicated for construction of AAFFH units;

Use by sewer district properties has reached 8,000 gallons per day of uncommitted reserve capacity.

§ 92-16 Powers and authority to inspect sewer system properties.

The Commissioner and the Building Inspector shall be permitted to enter all properties being served by the sewer system, upon providing reasonable notice to the property owner, for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

§ 92-17 Sewer rents.

Establishment of sewer rents. The owners of all premises within the sewer district or using the sewer system shall be required to pay sewer rents for the payment of the costs of operating, maintaining, repairing and replacing the sewer system.

Determination of costs. Each year, the Town Board shall determine the total annual costs of operation and maintenance of the sewer system that are necessary to maintain the capacity and performance during the life of the sewer system for which such works were designed and constructed. The total annual costs of operation and maintenance shall include, but need not be limited to, labor, repairs, replacement, equipment replacement, maintenance, necessary modifications, debt service for capital improvements, power, sampling, laboratory tests and a reasonable contingency fund. This determination of costs shall serve as the basis for the calculation of rents.

Calculation of rents. All sewer rents shall be as set forth in the fee schedule adopted by resolution of the Town Board. Sewer rents may include additional charges for sewerage or waste exhibiting a strength of sewage or waste greater than normal usage and charges unique to the classification of the user.

Billing and payments of sewer rents. Bills for sewer rents shall be rendered to the user quarterly. Bills are due and payable one month from the date of the billing statement. Any bill not paid within 30 days shall be delinquent.

Late payments, penalties, liens and collection.

Penalties for nonpayment of sewer rent charges. No penalty shall be assessed if sewer rent charges are paid within 30 days from the date the bill is issued. The following penalties are prescribed for failure to pay sewer rent charges:

If the sewer rent charge is delinquent, a penalty charge of 5% of the total amount of the bill shall be added to any delinquent bill. A further penalty of 1% per month shall be added for subsequent months in which the sewer rents are not paid.

The Town Comptroller shall cause, on the next succeeding April 15, any unpaid sewer rents, charges and penalties in excess of 60 days to be added to the Town tax bills. At the time of transfer to the tax roll, delinquent accounts which are to be added to the tax rolls shall be assessed an additional penalty equal to 10% of the total outstanding balance to defray the costs of transferring such accounts to the tax roll.

In accordance with General Municipal Law § 452, unpaid sanitary sewer rents in excess of 60 days shall constitute a lien upon the premises served by the sewer system. This lien shall have priority and be senior to every other lien with the exception of the lien of an existing tax, assessment, or other lawful charge imposed by the state or a political subdivision or district thereof.