[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Plandome as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-28-1975 by L.L. No. 3-1975]
Before any building permit is issued for construction
of any building or structure that will require for its use an individual
sewage disposal system, a permit for this construction and approval
of the completed construction must be obtained from the Building Department
of the Village of Plandome.
[Added 7-9-1996 by L.L.
No. 1-1996]
Any person, firm or corporation who or which shall violate any of the provisions of this Article or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, Art. III. Each day during or on which a violation of this Article shall occur shall be deemed to be a separate and distinct offense.
[Adopted 7-10-2023 by L.L. No. 4-2023]
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 Plandome. These critical environmental areas associated
with the Village and the surrounding areas, including Manhasset Bay
and the surrounding wetlands, 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 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 Manhasset Bay.
The purpose of this legislation is to assure the proper siting, construction
and maintenance of all individual on-site sanitary systems, and 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 Plandome Building Inspector or his or her
designee.
Shall have the meaning as defined in § 175-2, Definitions.
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
which the system is located.
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 Plandome 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 175 (Zoning) and Chapter 130 (Sewage Disposal), 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 175 (Zoning).
(3)
The installation, replacement or upgrade of any cesspool(s), sewage
disposal or septic system 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 Plandome, 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, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, Article III. Each day during or on which a violation of this chapter shall occur shall be deemed to be a separate and distinct offense.
