A. 
Communal sewer systems shall be required:
(1) 
In any multi-family development regardless of its location within the Town.
(2) 
When a proposed subdivision which it will serve is located within the bounds of Orange County Sewer District No. 1 and Moodna Joint Sewer Basin regardless of the number of dwelling units in the subdivision. However, when the proposed subdivision is to be located within the secondary zone (Moodna Sewer District) of the Orange County Sewer District No. 1, before such zone is actually serviced by a sewer collection and treatment system, individual sewer systems may be permitted, if otherwise consistent with this section and § 41-20.
(3) 
When the soil percolation rate for any lot, whether or not located in a proposed subdivision, is 60 minutes per inch or greater.
(4) 
When a proposed subdivision consists of 50 lots or more regardless of the subdivision location within the town.
(5) 
When a proposed subdivision is designed to initially accommodate 75 or more dwelling units in the aggregate regardless of the actual number of lots in the subdivision or its location in the town.
(6) 
When a minimum separation of two feet cannot be maintained on any lot, whether or not in a subdivision, between the lowest part of a leaching system and the highest elevation of the top of the zone of water saturation, ledge rock, hardpan or other impermeable material at all times of the year.
B. 
An individual sewer system may be permitted, if otherwise consistent with this chapter, in all situations where a communal sewer system is not required. No individual septic system shall serve more than one lot nor shall such a system serve a dwelling unit within a multi-family development.
A. 
No person, firm, corporation or association shall make, install, construct, extend, modify or operate, or allow to be made, installed, constructed, extended, modified or operated a communal sewer treatment system until maps, plans and specifications for such systems, prepared by an engineer duly licensed by the State of New York, shall have been first submitted to the Town Engineer in duplicate. The Town Engineer shall review and accept the proposed improvements by letter to the Town (with the exception of the improvements within the Orange County Sewer District #1 and Moodna Basin).
All plans submitted for approval shall at least conform with the applicable provisions of the New York State Department of Environmental Conservation standard for waste treatment works, as amended from time to time. The Town Engineer shall use such standards for approval or disapproval of such plans. In addition, the proposed sewer improvements shall be constructed in accordance with the attached figures. However, in the event that the Planning Board or the Town Board of the Town of Monroe shall require greater or stricter standards as a condition of subdivision or multi-family approval, such standards shall govern. All sewer systems shall be installed and constructed in accordance with the plans, maps and specifications as accepted by the Town Engineer. Nothing contained in this section shall be construed to be a waiver of whatever other approval is necessary for such systems from any department, bureau or agency of the United States of America, New York State or Orange County. The Figures attached to this chapter shall be utilized, at a minimum, for installation.[1]
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
The Town Engineer or anyone under his supervision or anyone designated by the Town Board, upon the showing of the proper credentials and in discharge of his duties, may enter upon the site upon which any sewer system or extensions thereof is being installed, constructed, extended or modified at any reasonable hour of the day for the purpose of making inspections thereof.
The Town Engineer or anyone under his supervision or anyone designated by the Town Board is hereby authorized to conduct such inspections of the site or sites upon which any sewer system or extension thereof is located or is being installed or constructed, from time to time as he may deem necessary, for the purpose of seeing that the installation or construction of such a system or extension is in conformity with the maps, plans and specifications submitted and approved pursuant to this chapter, or that such system is being maintained and operated and is functioning as required by this chapter.
Whenever the Town Engineer has reasonable grounds to believe that the installation, construction or extension of any sewer system is not in conformity with the maps, plans and specifications accepted by him, he may recommend to the Building Inspector to order all such installation and construction of such system stopped, and any such person shall forthwith stop all such installation, construction or extension until such stop order has been rescinded. Such notice and order shall be in writing, may state the conditions, if any, upon which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the site upon which such sewer is located, or sending a copy thereof by ordinary mail to his last known address.
The Town Engineer may rescind their acceptance of any maps, plans and specifications previously granted pursuant to § 41-3 of this chapter where he finds there has been any false statement or misrepresentation as to a material fact in the maps, plans and specifications or any other data submitted therewith, or where the person or persons to whom a stop order has been issued fails or refuses to comply with such order, or where he finds that the approval was granted in error and should not have been so granted.
A. 
At a time prior to acceptance by the Town Engineer of the maps, plans and specifications for a communal sewer system that is located outside the bounds of Orange County Sewer District No. 1 or any extension thereto, title to the realty upon which said system is located, together with title to the mains, pumps and treatment works, and all other items necessary to its operation shall be irrevocably offered to the Town without cost to the Town. Such an offer shall be made by filing with the Town Clerk a written offer of dedication acceptable in form to the Town Board and the Town Attorney.
B. 
In regard to any communal sewer system that is located within the bounds of Orange County Sewer District No. 1 and which is proposed to be completed and in operation prior to the active administration and operation of such district by the county, title to the pipes, pumps, mains and other items that comprise the collection facilities of such system shall be irrevocably offered to Orange County without cost to the county.
A. 
The owner or owners of real property within a subdivision or multi-family development to be served by a communal sewer system or extension thereof located outside of Orange County Sewer District No. 1 shall, at a time prior to approval of the plans, maps and specifications thereof, present a petition to the Town Board pursuant to the applicable provisions of the Town Law for the formation of a sewer district to include the subdivision or multi-family development or extension thereof, and for acquisition by the Town of the completed communal sewer system. However, no such petition for a sewer district shall be approved by the Town if sewer capacity is not available to the proposed sewer district area or portion thereof.
B. 
No such district shall be created when the communal system is located within the bounds of the Orange County Sewer District No. 1 except as may be consented to by the County of Orange. If such a district is formed wholly or partially within the bounds of the Orange County Sewer District No. 1, it shall be deemed dissolved upon actual operation of the collection and treatment facilities serviced by said Orange County Sewer District No. 1.
At a time when the Town Board shall determine that it is in the public interest to do so or upon a default in the performance or maintenance standards required by this chapter, the Town Board may by resolution accept the offer of dedication of any communal sewer system and set a date at which time the Town will actually take possession and control of such system or extension thereof or both.
Upon such a taking, the owner of any sewer system or extension thereof shall deliver to the Town good and marketable title thereto subject only to those covenants, restrictions and reservations which are of record. The owner of the sewer system shall furnish at his expense such searches of title or title policy and surveys as may reasonably be required by the Town Attorney.
After a communal sewer system or extension thereof has been installed and is in operation, and prior to the acceptance by the Town of an offer of dedication required by this chapter, such system and any extensions thereof shall be maintained and operated in good working order by a properly qualified operator, and shall function in such a manner so as not to jeopardize the health and safety of anyone who is serviced by such system or the community in general. If, in the judgment of the Town Engineer or any agency, bureau or department of the County of Orange, State of New York, or United States of America, which has similarly reviewed and approved the plans and specifications for such communal system, such a system or extension thereof is not operated and maintained as required hereby, the Town Engineer shall forthwith notify the owner of such system or his agents or the operator thereof of that fact and shall order such owner, agent or operator to remedy any defect and/or maintain and operate the system as required hereby. Such notice and order shall be in writing and served upon such owner, agent or operator personally or by mailing the same by ordinary mail to his last known address or by posting the same at the site of the communal sewer system treatment works. If such order is not complied with within 10 days from the date of its service, the Town Engineer shall so report to the Town Board. Thereupon, the Town Board shall act as authorized by this local law.
A. 
Any person, firm, corporation or association who shall construct or extend or cause to be constructed or extended a communal sewer system shall, prior to approval of the plans, maps and specifications therefor, post a performance bond with the Town Board to secure the proper installment and construction of such system covering the cost of such system as estimated by the Town Engineer. The maximum term of such bond shall be three years, but may be extended upon petition to the Town Board. Such performance bond may form a part of the performance bonds required by the Town of Monroe Planning Board or Town Board posted as a condition of subdivision, planned unit subdivision, multi-family development approval, site plan or special use permit.
B. 
Such bond or other bonds shall also secure the proper maintenance and operation of the system for a period of three years from the completion of such system. A system shall be deemed complete when it services 75% of those units intended to be served as indicated in the approved plans or a period of three years has elapsed from the time the system first gave service to a structure, unit or dwelling, whichever event shall occur second. The amount of such maintenance bond shall be equal to 10% of the performance bond.
C. 
Upon the completion of any sewer system or extension thereof, the Town Engineer shall make a final inspection of such system or extension, and he shall report to the Town Board whether or not in his judgment the system is installed and constructed in conformity with the maps, plans and specifications as approved by him. If the system is in conformity with such maps, plans and specifications, the Town Board, by resolution, shall release the performance bond.
D. 
In the event that the Town Building Inspector shall find that the system has not been installed and constructed in accordance with the maps, plans and specifications approved by him or does not perform properly, the Town Building Inspector shall notify the owner or his agent or the operator of the system, or, in regard to an individual system, the person who installed or constructed the system or caused the same to be installed or constructed, in what respect the installation and construction of the system does not so conform. If, after the giving of notice, the defects are not corrected within a reasonable time, the Town Board may act as authorized by this chapter. If the system does so conform, the Town Board shall, by resolution, release the performance bond.
In the event that a sewer system shall not be operated or maintained properly as required by this chapter after the Town Building Inspector has given notice of such failure, or in the event that a sewer system has not been installed or constructed in conformity with the maps, plans and specifications as approved by the Town Engineer in regard to a sewer system, or it does not perform properly under the use for which it was designed, and such defects are not corrected as required by this chapter, the Town Board shall adopt any one or all of the following procedures:
A. 
By resolution, declare to be in default any bond posted as required by this chapter and may collect the sum remaining payable thereunder and shall use such sum to complete the communal sewer system, correct any defects therein or to operate the same.
B. 
By resolution, accept the offer of dedication required for communal sewer systems and go into actual possession and control of the same.
C. 
By resolution, authorize the correction of any defect in an individual septic system by the Town, the cost and expense of which shall be chargeable to the owner, operator or the person who installed or caused the system to be installed.