[HISTORY: Adopted by the Town Board of the
Town of Fort Edward 3-27-1989 byL.L. No. 3-1989. Amendments noted where applicable.]
These regulations shall be known as the ”Town
of Fort Edward Sanitary Code." The Town of Fort Edward is hereinafter
referred to as the "town."
These regulations shall govern the disposal
of sewage and the design and installation of all sewage disposal systems
within the town, except that this chapter shall not govern the design
or installation of, or disposal of sewage by means of, a community
or public sewer or of those systems that come under the jurisdiction
of the New York State Department of Health. The transportation and/or
dumping of sewage off-site shall comply with all current New York
State Department of Health and Department of Environmental Conservation
regulations regarding such.
Enactment of these regulations is pursuant to
Article 3 of the Public Health Law and Article 27 of the Executive
Law of the State of New York.
The purpose of these regulations is to promote
the health, safety and general welfare of town residents by providing,
through the location, construction and use of properly designed facilities,
that sewage and other wastes are disposed of in a manner that will
not create a health hazard, adversely affect the environment or impair
the enjoyment or use of property.
A.
It shall be unlawful for any person to construct,
alter or extend any facility or part of such facility intended or
used for the discharge of sewage without having first complied with
requirements herein.
B.
It shall be unlawful for any person to cause to be
discharged, within the town, any sewage except by systems designed,
installed and approved in accordance with the requirements of these
regulations.
C.
It shall be unlawful for any person to use or maintain
any individual sewage disposal system that is unsafe, is a source
of pollution to any surface waters of the town, permits the seepage
of sewage to ground surface or interferes with the enjoyment or use
of property.
A.
Prior to making an application for a disposal system
permit, the applicant shall make a preapplication to the Building
Inspector/Zoning Administrator. The preapplication shall consist of
a written report of a percolation test and soils analysis of the site
of the proposed facility. The percolation test and soils analysis
shall be determined by methods described in Appendix A[1] of these regulations and shall be conducted by a qualified
person approved by the Building Inspector/Zoning Administrator. If
the applicant so chooses, the Building Inspector/Zoning Administrator
will arrange to have the percolation test and soils analysis done
by a third party; however, the applicant shall bear all cost incurred.
B.
The Building Inspector/Zoning Administrator may conduct
such investigations, examinations, tests and site evaluations as it
deems necessary to verify information contained in the preapplication
for a sewage disposal permit, and the applicant or owner of land on
which the system is proposed shall grant the Building Inspector/Zoning
Administrator or his agents permission to enter on his land for these
purposes.
C.
Site data which may affect the type, size and design
of a disposal facility may include, but not be limited to, soil type,
topography, depth to seasonal high groundwater, depth to impervious
material, depth to bedrock and distance to wetlands or surface bodies
of water.
D.
The Building Inspector/Zoning Administrator shall
have the authority to require certification or retesting to verify
information submitted as part of the application.
Subsequent to the submission of the preapplication
data, the Building Inspector/Zoning Administrator shall make a determination
as to whether the site requires a conventional septic tank/soil absorption
system or an alternative disposal system.
[Amended 6-13-2005 by L.L. No. 6-2005]
Application for a disposal system permit may be made only by the owner or lessee of the lot for which the system is proposed, or his duly authorized agent or assigns, and shall be in writing, signed by the applicant, in such form as determined by the Building Inspector/Zoning Administrator. A fee shall accompany each application for a sewage disposal permit in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1]
The following information shall be provided,
on forms provided by the Building Inspector/Zoning Administrator,
for any proposed conventional system:
A.
House location.
B.
Location and details of the sewage disposal system,
including septic tank, distribution box and leaching facility and
must include a fifty-percent-expansion area.
C.
Location of well or location of public water main
and house connection.
D.
Location of driveways, swimming pools or other structures.
E.
Location of any watercourses, ponds, lakes or wetlands
on or within one hundred (100) feet of the proposed system.
F.
Location of all wells and sewage disposal systems
within two hundred (200) feet of the proposed system.
G.
Location of all deep test holes and percolation test
holes. A minimum of one (1) deep test hole and two (2) percolation
test holes are required.
H.
Title box indicating owner of property, town, street
address, date and scale.
I.
Design criteria to include number of bedrooms, percolation
rate, sewage application rate and leaching area.
J.
Locating and discharge points for gutter, footing,
storm and curtain drains.
The following information must be provided for
any proposed alternative system:
A.
Letter of authorization for engineer or architect.
B.
One (1) set of plans bearing the seal and signature
of a professional engineer, registered architect or land surveyor
(with a pre-1971 7208N exemption from the New York State Education
Department) licensed and registered to practice in New York State.
These plans shall be scale showing the following:
(1)
Plot plan, including major physical features drawn
to scale on a Tax Map of the property.
(2)
House location.
(3)
Plan and cross section of the sewage disposal system,
to include fifty-percent-expansion area, and construction details
of system components, including septic tank distribution box and leaching
facility.
(4)
Location of driveways, garages, swimming pools or
any other structures.
(5)
Location of well or location of public water main
and house connection.
(6)
Two-foot contours of the property. If ground is to
be cut or filled, both existing and proposed contours must be shown.
(7)
Location of any watercourses, ponds, lakes or wetlands
on or within one hundred (100) feet of property line. Stream index
number and classification or wetland designation must be noted.
(8)
Accurate location of all deep test holes and percolation
test holes. A minimum of one (1) deep hole and two (2) percolation
test holes is required.
(9)
Location of all well and sewage disposal systems within
two hundred (200) feet of the proposed system or a note stating that
none exist within two hundred (200) feet.
(10)
Title box indicating owner of property; location,
including street and municipality; name and address of design engineer
or architect; date of drawing, including dates of revisions; and scale.
(11)
Location and discharge points for gutter, footing,
storm and curtain drains.
(12)
Design criteria to include number of bedrooms,
soil percolation rate, application rate, etc.
(13)
Site location sketch and North arrow.
(14)
Copy of house plans to verify bedroom count
for design calculations.
(15)
If water service is to be from a community public
water supply, a letter from the owner of the supply stating its willingness
and ability to supply the water.
(16)
Certification by designer.
Once all pertinent site data has been verified
and certified, all permit fees have been paid and the Building Inspector/Zoning
Administrator has determined that the proposed action in the application
complies with all the specifications contained in these regulations,
a disposal system permit will be issued to the applicant.
A.
The Building Inspector/Zoning Administrator may disapprove
of an application for a disposal system permit if it determines that:
(1)
The individual sewage disposal system, as proposed,
will not conform to the requirements or specifications of these regulations
or an order of the Consolidated Board of Health.
(2)
The applicant has failed to supply all data necessary
to make a determination as to whether or not such individual sewage
disposal system conforms to the requirements or specifications of
these regulations and has failed to supply such information for sixty
(60) days after a written request for such additional information
has been mailed.
B.
The Building Inspector/Zoning Administrator may, by
written notice, order all further work stopped on any individual sewage
disposal system which is being constructed or installed in violation
of these regulations.
C.
Expiration of permits. Unless otherwise specified
in the permit, all permits shall expire within one (1) year of issuance.
In the event that a permit expires with the disposal system as yet
incomplete, the applicant must obtain a permit renewal. There shall
be no charge to renew a permit.
A.
It shall be unlawful for any unauthorized person to
cover or utilize any individual sewage disposal system unless a disposal
system use certificate has been issued therefor.
B.
It shall be the duty of the holder of the disposal
system permit to notify the Building Inspector/Zoning Administrator
when the installation is ready for inspection. The inspection shall
be made as soon thereafter as practical by the Building Inspector/Zoning
Administrator. The Building Inspector/ Zoning Administrator may also
make inspections during construction to ensure that the system is
being installed in accordance with the application and these regulations.
Any part of installation which has been covered prior to final approval
shall be uncovered upon order of the Building Inspector/Zoning Administrator.
C.
A disposal system use certificate shall not be granted
until the Building Inspector/Zoning Administrator has determined that
the individual sewage disposal system has been installed in compliance
with the application and these regulations. The Building Inspector/Zoning
Administrator may make such a determination only after he has made
an on-site investigation of the system or received a certification
from the individual designing and installing the system that the system
conforms to the specifications as set forth in the application and
these regulations. The Building Inspector/Zoning Administrator may
withhold a determination until after an on-site investigation has
been completed, notwithstanding that the system has been certified
as properly installed and designed.
D.
The Building Inspector/Zoning Administrator may waive
the required on-site inspections when the system has been installed
by a person who has met the qualifications and been designated as
a certified installer by the town.
A.
The filling of an application for a disposal system
permit represents permission by the applicant for the Building Inspector/Zoning
Administrator and/or other designated person to conduct such examinations
of the disposal system site.
B.
The Building Inspector/Zoning Administrator may inspect
an individual sewage disposal system built before or after these regulations
take effect to ensure that it is being maintained in proper working
order. It shall be unlawful for the owner or occupant of the property
to deny such official or his designee access to the property at reasonable
times for the purpose of making such inspections. Where the Building
Inspector/ Zoning Administrator determines that a system is not being
maintained in compliance with these regulations, it may order that
use of the system cease and/or that the defects be corrected and/or
misuse abated. If the prescribed action is not taken within the time
fixed by the Building Inspector/Zoning Administrator, it may revoke
the use permit for the system and/or refer the matter to the Consolidated
Board of Health for appropriate corrective action.
A.
Subject to the provisions of these regulations, the
use or maintenance of a properly functioning preexisting individual
sewage disposal system may be continued. This section shall not be
construed to permit any unsafe use or structure or permit such structures
or their use when such structure or use constitutes a threat to public
health, safety, welfare or environmental quality; permits the seepage
of sewage waters to ground surface; or interferes with the enjoyment
or use of property.
B.
Alteration, enlargement or extension of a system.
(1)
It shall be unlawful to alter, enlarge or extend a
preexisting individual sewage disposal system except in conformity
with the provisions herein. However, emergency repairs may be made
to a system without prior approval from the Building Inspector/Zoning
Administrator, if they are done by a certified installer. In the event
that such emergency repairs are made, the certified installers shall
make a de facto report of such repairs to the Building Inspector/Zoning
Administrator.
C.
Any existing system which is not functioning properly
shall be subject to penalties as provided in this chapter.
[Added 3-14-2005 by L.L. No. 3-2005]
Design standards for the construction, alteration
or extension of any conventional sewage disposal system addressed
in these regulations shall conform to the criteria and guidelines
of the most recent issue of the Wastewater Treatment Handbook - Individual
Household Systems, published by the New York State Health Department.
A.
Any person owing, controlling or managing any building,
structure, land or premises therein or whereon there shall be placed
or there exists a structure or system in violation of these regulations;
and any person who shall commit or assist in the commission of any
violation of these regulations or who shall build, erect, construct
or attempt the same any structure contrary to the plans or specifications
submitted to the authorized official and by him certified as complying
with these regulations; and any person who shall omit, neglect or
refuse to do any act required by this chapter shall be subject to
a civil penalty of not more than $500 to be recovered by the Town
Board of Fort Edward in any court of competent jurisdiction. Every
such person shall be deemed guilty of a separate offense for each
day that such violation, disobedience, omission, neglect or refusal
shall continue. Where the person committing such violation is a partnership
association or corporation, the principal executive officer, partner,
agent or manager may be considered to be the person for the purposes
of this section.
B.
In the case of a violation which creates a nuisance
or condition potentially detrimental to public health, the Town Board
shall also exercise the powers and duties provided in New York Public
Health Law, Article 13. These powers and duties include, but are not
limited to, entering upon, inspecting and examining any premises where
such a nuisance or condition is known or believed to exist and ordering
the suppression and removal of any nuisance or condition detrimental
to life and health.
[Added 3-14-2005 by L.L. No. 3-2005]
[Amended 3-14-2005 by L.L. No. 3-2005]
When the Town Board finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public health and safety secured, provided that
such variations will not have the effect of nullifying the intent
and purpose of these regulations.
[Amended 3-14-2005 by L.L. No. 3-2005]
Where the Building Inspector/Zoning Administrator
finds that, due to special circumstances, certain preapplication procedures
or application information requirements contained herein are not necessary
in the general interest of the public health, safety and general welfare,
he may waive such requirements.
Where the conditions imposed by any provisions
of these regulations are less restrictive than comparable conditions
imposed by any other provisions of these regulations or of any other
statute, ordinance, local law, order, rule or regulation, the provisions
which are more restrictive shall govern.
The adoption of these regulations shall not
affect or impair any act done, offense committed or right accrued
or required or liability, penalty, forfeiture or judgement incurred
prior to the time these regulations take effect.
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APPENDIX A
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Procedures for Site Evaluation
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A.
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Soil borings/visual analysis.
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(1)
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Soil borings shall be of any type of boring
or excavation capable of revealing the characteristics of the soils
penetrated in detail:
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(a)
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Each boring or excavation shall be made to a
depth at least two (2) feet deeper than the bottom of the proposed
system.
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(b)
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Each hole shall be numbered, and its location
shall be plotted on a dimension sketch of the lot or building site.
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(c)
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Soil texture and firmness of soil texture shall
be recorded by depth and notations made where texture changes occur.
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(2)
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Particular effort shall be made to determine
the highest known water table.
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(a)
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Record the first occurrence of mottling in the
hole.
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(b)
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If mottling is not encountered, the open test
holes may be backfilled immediately.
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B.
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Percolation tests.
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(1)
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For standardizing test hole dimensions:
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(a)
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Each test hole shall be a minimum of twelve
(12) inches square, have vertical sides and be dug to one-half (1/2)
the depth of the proposed individual sewage treatment system. If more
than one (1) soil type is encountered in a test hole, a percolation
test shall be done in each soil type.
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(b)
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Each test hole shall be numbered, and its location
shall be plotted on a scale map of the real property of building site.
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(2)
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For proper preparation of the test hole:
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(a)
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The bottom and sides of the hole shall be carefully
scratched to remove any smearing and to provide a natural soil surface
into which water may penetrate.
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(b)
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All loose material shall be removed from the
bottom of the test hole and two (2) inches of one-fourth- to three-fourths-inch
stone shall be added to protect the bottom from scouring.
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(3)
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For proper soil saturation and swelling.
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(a)
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Presoak the test hole by periodically filling
the hole with water and allowing the water to seep away. This procedure
shall be performed at least four (4) times and shall begin one (1)
day before the test except for clean sand and gravel.
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(4)
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For proper percolation rate measurement:
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(a)
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In sandy soils, adjust the water depth to eight
(8) inches over the soil at the bottom of the test hole. From a fixed
reference point, the drop in the water level shall be measured in
inches to the nearest one-sixteenth (1/16) inch at approximately ten-minute
intervals. A measurement can also be made by determining the time
it takes for the water to drop one (1) inch from an eight-inch reference
point. If eight (8) inches of water seeps away in less than ten (10)
minutes, a shorter interval between measurements shall be used, but
in no case shall the water depth exceed eight (8) inches. The test
shall continue until three (3) consecutive percolation rate measurements
vary by a range of no more than ten percent (10%).
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(b)
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In other soils, adjust the water depth to eight
(8) inches over the soil at the bottom of the test hole. From a fixed
reference point, the drop in the water level shall be measured in
inches to the nearest one-sixteenth (1/16) inch at approximately thirty-minute
intervals, refilling between tests to maintain an eight-inch starting
head. The test shall continue until three (3) consecutive percolation
rate measurements vary by a range of no more than ten percent (10%).
The percolation rate can also be made by observing the time it takes
the water level to drop one (1) inch from an eight-inch reference
point if a constant water depth of at least eight (8) inches has been
maintained for at least four (4) hours prior to the measurement.
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(5)
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For calculating the percolation rate:
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(a)
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Divide the time by the drop in water level to
obtain the percolation rate in minutes per inch.
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(b)
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Percolation rates determined for each test hole
shall be averaged to determine the final soil treatment system design.
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(6)
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For reporting the percolation rate, worksheets
showing all calculations and measurements shall be submitted to the
Department of Code Enforcement.
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(7)
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A percolation test shall not be run where frost
exists below the depth of the proposed soil treatment systems.
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