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.
A. 
In addition to the fees required in this section, the owner shall reimburse the Town for administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) attributable to an application or the administration and/or enforcement of this chapter.
B. 
All administrative costs and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) incurred by the Town in the review and processing of the applications shall be charged back to the owner as a fee related to the application submitted.
C. 
The Town may also require the owner to deposit a lump sum to retain any professional service providers (including, but not limited to, engineers, attorneys, and surveyors), consultants and/or third-party agencies/inspectors the Town determines are necessary for its review of an application. If such a sum is insufficient to fund the necessary consulting or inspection services, the Town may require additional deposits. Such payment(s) shall:
(1) 
Be deposited with the Town Clerk who shall establish a line item for this purpose. Expenditures from this line item may be made at the direction of the Town Clerk without further appropriation.
(2) 
Pay only for the expenditures rendered in connection with the project for which an application has been submitted by the owner.
(3) 
At the completion of the Town's review of a project, any excess amount in the line item attributable to the project shall be repaid to the owner. A final report of said line item shall be made available to the owner by the Town Clerk if requested.
D. 
In the event that the Town is required to refer for collection any outstanding administrative cost and/or professional fees (including, but not limited to, engineering, attorneys', and surveying fees) for any reimbursement, the owner shall, in addition to the reimbursements, be obligated to pay a reasonable attorneys' fee and costs incident to any action commenced by the Town to collect such fees. Reasonable attorneys' fees shall also include any disbursements that may result from the commencement of litigation. Any owner shall be deemed to be in default of their obligation of fee reimbursement for their failure to remit said reimbursements within 30 days of notice to pay.
E. 
The Town may assess penalties at the rate approved by the Town Board for delinquent reimbursements.
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.
A. 
General. The Town Board is hereby appointed as the designated approval authority as it pertains to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation and/or determination by the Superintendent.
B. 
Deadline to submit an appeal. An applicant applying for an appeal shall submit a complete application to the Town Clerk within 60 days after the date of the order, decision, or determination made by the Superintendent that is the subject of the appeal.
C. 
Application. An applicant applying for an appeal shall submit a complete application to the Town Clerk, along with any applicable fee and payment of incurred costs. Such application shall be in writing on a form furnished by the Town for that purpose. At a minimum, such application shall contain all the following:
(1) 
The applicant's contact information and signed consent to the filing of this application.
(2) 
A short or full EAF, if an environmental review is mandated by SEQRA.
(3) 
A copy of the order, decision, or determination made by the Superintendent that is the subject of the appeal.
(4) 
A written statement by the applicant that explains how the Superintendent incorrectly interpreted the requirements of this chapter, the provisions of this chapter do not fully apply or an equal or better form of compliance is proposed.
D. 
Determination criteria. An application for an appeal shall be based on a claim that the true intent of this chapter or the requirements legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or an equal or better form of compliance is proposed.
E. 
Limitations. A determination pertaining to an application for an appeal shall not amend or waive any requirement of this chapter.
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.