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.