[[1]HISTORY: Adopted by the Board of Trustees of the Village
of Oyster Bay Cove 4-19-2023 by L.L. No. 2-2023. Amendments noted where
applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 186 but was
renumbered to maintain the alphabetical order of the Code.
The Village of Oyster Bay Cove is located in a critical environmental
area as defined by the New York State Department of Environmental
Conservation: the Oyster Bay Special Groundwater Protection Area and
the Nassau Suffolk Sole Source Aquifer. It has been a continuing goal
of the Village to protect the quality of groundwater and surface water
resources in and adjacent to the Village of Oyster Bay Cove. These
critical environmental areas associated with the Village and the surrounding
areas, including Oyster Bay Harbor and Tiffany Creek, are receiving
more nitrogen than the waters can naturally assimilate. This is due
in large part to wastewater from both older and newer housing stock
that are predominantly treated by conventional on-site sanitary septic
systems that do not adequately remove nitrogen. The nitrogen from
these systems is being released into the groundwater, which can have
an adverse effect on the Oyster Bay Special Groundwater Protection
Area and the Nassau Suffolk Sole Source Aquifer. Thus, nitrogen loading
to the watersheds of the Village must be reduced to maintain drinking
water standards. To effectuate a reduction in nitrogen loading from
conventional on-site sanitary systems, the Village has authorized
the use of innovative and alternative on-site wastewater treatment
systems in lieu of conventional sanitary septic systems. These alternative
systems discharge significantly less nitrogen from sanitary waste
into the groundwater and work towards achieving less nitrogen in our
ponds, waterways and Oyster Bay Harbor. The purpose of this legislation
is to assure the proper siting, construction and maintenance of all
individual on-site sanitary systems, and it is intended to protect
and preserve the Village's natural resources and potable water
supply, and thereby the public health and safety, and to promote the
installation and proper use and maintenance of low-nitrogen sanitary
systems.
For the purposes of this chapter, the following definitions
shall apply:
The Village of Oyster Bay Cove Building Inspector or his
or her designee.
An on-site decentralized wastewater treatment system that,
at a minimum, is designed to result in total nitrogen in treated effluent
of 19 mg/l or less.
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.
Shall have the meaning as defined in Chapter 320, Zoning.
A.
All construction of on-site wastewater disposal sanitary systems
shall conform to standards as then established by the Nassau County
Department of Health, to all applicable wetland setbacks of the New
York State Department of Environmental Conservation and of the Village
of Oyster Bay Cove and all other applicable local, county and state
regulations concerning the siting of such structures and systems.
No building permit for any such work shall be issued until all applicable
provisions of the Village Code, including Chapter 315, Zoning, have
been complied with.
B.
In addition to the conditions provided for in Subsection A, in all the following circumstances the on-site wastewater disposal sanitary systems installed must be, or the current on-site wastewater disposal sanitary system must be upgraded to, an I/A OWTS system:
(1)
The construction of a new single-family dwelling or other principal
structures.
(2)
Any addition to or expansion of all or part of a single-family dwelling
or principal structure which equals or exceeds 50% of the square footage
of the gross floor area of the structure as originally constructed
or as last modified, whether pursuant to site plan approval or prior
to the requirement thereof. As used in this chapter, gross floor area
shall be calculated in accordance with the definition set forth in
Chapter 315, Zoning.
(3)
Any septic system upgrade or replacement required by the Nassau County
Department of Health.
C.
Whenever the installation of an I/A OWTS system is required pursuant
to the provisions of this chapter or any other chapter of the Code
of the Village of Oyster Bay Cove, the property owner shall be required
to obtain a building permit from the Building Inspector. 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
of the particular site. 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 at the Nassau County Clerk's office
providing that the applicant will upgrade the system if a low-nitrogen
system is available that can accommodate the physical limitations
of the subject property or upon availability of a community sanitary
system or public sewer that the subject property can be hooked into.
A.
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 Board of Trustees.
B.
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 Building Inspector 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 Village's requirements.
C.
Whenever the Building Inspector 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.
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 Building Inspector, any and all permits, licenses,
authorization or permissions issued to the person pursuant to this
chapter shall be deemed revoked.
B.
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 Building Inspector 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
Building Inspector may, after consultation with the Village Attorney,
file criminal informations and commence court proceedings on behalf
of the Village to compel such compliance.
C.
The provisions of this chapter may be enforced by the Village Building
Inspector.
D.
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
$1,000. Each day on which such violation shall occur or be maintained
shall constitute a separate additional offense.
