Before initiating any construction of a septic system and all expansions of septic systems within the service area of the Septic Maintenance District, plans and specifications shall be submitted to, and written approval shall be obtained from, the Inspector, after consultation and review with appropriate agencies. All plans, specifications and construction documents shall, unless otherwise waived by the Inspector, be prepared and stamped by a licensed professional engineer and/or other licensed professional allowed under law. All plans and specifications shall include flow estimates.
Each new septic system for a new user or expansion of an existing septic system from a parcel within the Septic Maintenance District will require an approval of the Town Board and shall be designed and constructed in accordance with applicable law.
Prior to issuing any subdivision approval and/or site plan approval to a parcel within the district and/or prior to issuing a building permit to a parcel within the district, the development of which, in accordance with the approval, would result in a sewage discharge or an increase in sewage discharge requiring state, Ulster County Health Department, or NYCDEP approval, the Planning Board and/or the Code Enforcement Officer shall refer the applicant/property owner to the Town Board and appropriate agencies for approval in accordance with this article. The Town Board's approval is not intended to be proof of or support for or against an application before the Planning Board and is limited to the Town Board's determination that the proposed septic system, once constructed and fully permitted, is eligible for funding under § 104-23.
For purposes of compliance with the State Environmental Quality Review Act, Environmental Conservation Law, Article 8, as authorized under 6 NYCRR 617.5(b), the Town Board's approval and/or denial of a septic system for individual or two-family residence or a commercial structure under 4,000 square feet under this article to a parcel within the district is a Type II action under SEQRA.
The Town Board shall issue its decision within 60 days of the submission of a complete application. At its own discretion, the Town Board may extend review period beyond 60 days in order to obtain more information regarding the criteria set forth above. The Town Board, in its discretion, may conduct a public hearing prior to making a determination. In all cases, the applicant shall have the right to appear at the Town Board meeting and/or hearing (if held) to present his/her case.
There is an application fee of $50 per application. The fee is due with the submission of the application and is nonrefundable. In addition to the application fee, the Town Board reserves the right to charge the applicant for any out-of-pocket costs actually incurred by the Town Board or the district in retaining consultants to evaluate the application and the installation of the septic system.
Property owners outside of the Septic Maintenance District may join the Septic Maintenance District (and/or obtain services from the district) by petitioning the Town Board to expand the district and/or pursuant to an out-of-district sewer service contract. The property owner will not be allowed into the Septic Maintenance District if its septic system is in failure or requires consistent monitoring to ensure compliance. Each new septic system from a parcel outside the original Septic Maintenance District requiring an approval of the Town Board pursuant to this section will pay an initial septic maintenance fee that is based upon its proportionate share of the Septic Maintenance Fund. The Town Board will make its decision in accordance with New York State Town Law and said decision is in the sole discretion of the Town Board. The initial septic maintenance fee shall be deposited into the Septic Maintenance Fund that is established pursuant to this chapter. The initial septic maintenance fee shall be payable in accordance with the terms specified by the Town Board.