This law repeals, supersedes and
replaces Chapter 279, Sewers, of the Code of the Town of Milo that
was adopted on October 18, 2004, as well as its subsequent amendments.
The provisions of this chapter shall
be held to be minimum requirements adopted for the promotion of public
health, morals, safety, and general welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted local rules, regulations, statutes, or ordinances,
the most restrictive thereof, or those imposing the highest standards,
shall govern.
The owner shall be responsible for
compliance with this chapter regardless of any agreement between or
among agents, contractors, lessors, operators, occupants, or persons
as to which party shall be responsible.
The Superintendent and/or designated
approval authority, as authorized by the Town Board, shall have the
authority to obtain assistance from any Town department, agency or
employee as may be deemed necessary and appropriate under the circumstances.
Furthermore, the Superintendent and/or designated approval authority,
as authorized by the Town Board, shall have the authority to obtain
assistance from qualified consultants as may be deemed necessary and
appropriate under the circumstances. The owner shall pay any expense
incurred by the Town as it pertains to such assistance.
This chapter is not intended to annul
or otherwise interfere with any easement, covenant or other private
agreement or legal relationship; provided, however, that where the
regulations of this chapter are more restrictive or impose higher
standards or requirements than such easements, covenants or other
private agreements or legal relationships, the regulations of this
chapter shall govern.
No application required by this chapter
shall be approved until all applicable fees and administrative costs
have been paid to this Town.
Fees in the amounts set forth in
a fee schedule established from time to time by resolution of the
Town Board shall be submitted with the application.
Any payment of a fee or administrative
cost to the Town is not refundable regardless if a permit has been
issued pursuant to this chapter.
The failure of the owner to pay any
fee, expense incurred by the Town and/or penalty in connection with
the administration and enforcement of this chapter shall be assessed
against the lot of record that is subject to any action prescribed
in this chapter and shall be levied and collected in the same manner
as provided in the Town Law of the NYS, as currently in effect and
as hereafter amended from time to time, for the levy and collection
of Town taxes or special ad valorem levies.
The Town Board may, by resolution,
authorize the Supervisor of the Town to enter into an agreement, in
the name of this Town, with other governments to carry out the terms
of this chapter, provided that such an agreement does not violate
any applicable law.