[Adopted 4-16-1958 (Ch. 34 of the 1972 Code)]
No septic tank, leaching pit, pipe or other
means for the disposal or discharge of sewage or sink wastes shall
be installed anywhere in the Town of New Windsor except as herein
provided. For construction of any sanitary facilities, application
must be obtained from the Town Clerk and, after review by the Code
Enforcement Officer, a permit obtained from the Town Clerk.
A.
No installation of any septic tank, leaching pit,
pipe or other means for the disposal or discharge of trade wastes,
industrial wastes, sewage, excreta, kitchen wastes, sink wastes or
laundry wastes shall be begun, nor shall the construction or erection
of any structure intended for human occupancy be commenced, until
an application is duly filled out in duplicate on forms supplied by
the Town Clerk. These forms will include drawings or sketches showing
the intended location and details of the proposed construction and
must be approved by the Code Enforcement Officer before construction
is begun. All such plans must conform to all conditions of this article
and should preferably be prepared by a qualified licensed engineer.
The above conditions will also apply to reconstruction or revisions
of existing facilities (fee to be paid by Town Clerk).
B.
In the case of an application affecting new construction
in a real estate development, no application will be granted until
a copy of the map of the subdivision, as filed with the County Clerk
and showing the approval of the New York State Department of Health,
has been filed with the Town Clerk.
[Added 10-7-1959]
C.
Any septic tank installed serving more than one residence,
trailer or other dwelling unit shall require only one permit, but
any subsequent new installation to an existing septic tank requiring
additional inspection and serving an additional residence, trailer
or other dwelling unit intended for human occupancy shall be made
only after obtaining a new permit.
[Added 6-6-1962]
A.
Residential sewage disposal systems shall be designed
and constructed in accordance with the New York State Department of
Health's Administrative Rules and Regulations Design Standards, 10
NYCRR Appendix 75-A0, Waste Water Treatment Standards - Individual
Household Systems.
B.
Nonresidential sewage disposal systems shall be designed
and constructed in accordance with Design Standards for Waste Water
Treatment Works - Intermediate Sized Sewage Facilities, year of the
latest revision published by the New York State Department of Environmental
Conservation, Division of Water.
No septic tank, leaching pit or other device
for the storage or disposal of human excreta, sewage, trade wastes
or industrial wastes shall be installed unless every part of such
installation shall be more than 10 feet from the boundary line of
the property on which it is located, 10 feet from the foundations
of any building or drinking water supply line and more than 50 feet
from any suction line from a well, lake, reservoir, stream or watercourse,
nor shall any such installation be located on the direct line of drainage
to nor less than 50 feet in a horizontal direction from any well in
which the casing extends watertight to a depth of 50 feet or more
nor less than 100 feet in a horizontal direction from any other type
well, spring or other source of water supply. No sewer line shall
pass closer than 25 feet to any well, 10 feet to any drinking water
supply line, or five feet to any basement foundation, and any sewer
pipe within 50 feet of any well or spring shall be watertight pipe
with lead caulked or equal approved joints.
No person, firm or corporation either as owner,
lessee or tenant of any property, dwelling, building or place shall
construct or maintain any leaching pit, septic tank, sewage-disposal
system, pipe or drain so as to expose or discharge the contents or
other liquid or matter therefrom to the atmosphere or on the surface
of the ground or so as to endanger any source of drinking water, nor
shall any such person, firm or corporation discharge into any watercourse,
storm drain or body of water any sewage or sewage effluent from a
leaching pit, septic tank, sewage disposal system, pipe or drain except
as permitted under the provisions of the Public Health Law.
A.
Soil testing is required for septic system design.
A minimum of one deep test pit and two percolation tests per system
shall be witnessed by the Town Engineer or his or her representative.
The Code Enforcement Officer may require that a subsurface soil investigation
be conducted by a licensed engineer and witnessed by the Town Engineer
to determine the soil bearing capacity, stability, permeability and
other properties that may be questionable, at the expense of the property
owner.
B.
No system component (i.e., septic tank, distribution
box, etc.) and no distribution trenches or other such structure(s)
shall be backfilled until at least 48 hours' notice is given to the
Code Enforcement Officer that the work is ready for inspection and
until such inspection is performed. The Town's representative shall
have the power to apply any proper tests to the system. The owner
or contractor doing the work shall furnish all necessary materials,
tools and labor for such test and shall remove any defective material
or repair any work improperly done as the Town's representative shall
direct without expense to the Town.[2]
[2]
Editor's Note: The following original sections, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 34-7, Subsurface tile field systems, § 34-8, Leaching pit, § 34-9, Artificial subsurface sand filters, and § 34-10, Nonwater-carriage sewage disposal.
Nothing contained in this article shall be construed
to permit the installation or maintenance of disposal facilities which
are or may become a nuisance.
[Added 10-7-1959]
In any case where a copy of the filed map of
a real estate development is required to be filed with the Town Clerk,
as provided by the terms of this article, the installation shall conform
to any requirements set forth on said map which are in addition to
those set forth herein.
The Code Enforcement Officer may at any time
by inspection determine that existing sewage disposal facilities on
a property are inadequate or do not function properly or that there
is not available an adequate supply of water for use in connection
therewith. In such cases the Code Enforcement Officer shall notify
the owner of said premises in writing of such fact, and a copy of
such notice shall be sent to the Town Clerk. Upon receipt of such
notice, it shall be the duty of the owner, within 10 days, to make
application to the Town Clerk for a permit for reconstruction or alteration
within 30 days after receipt of said notice. Unless such required
reconstruction or alteration shall have been completed within the
30 days, it shall be unlawful and improper to use said premises for
human occupancy until such required reconstruction or alteration shall
have been completed and approved. The fee for a reconstruction or
alteration permit shall be the same as that for a new installation,
and such work shall be inspected and approved in the same manner provided
for new installations.
No scavenger shall clean or empty any septic
tank, pit or any unit for the storage or disposal of sewage or excreta
unless his equipment and method of operation are approved and a permit
obtained from the New York State Department of Environmental Conservation.[2]
[Amended 10-7-1959]
A.
Upon completion of the installation in accordance
with the provisions of this article, the Code Enforcement Officer
shall issue a certificate of occupancy and approval. No certificate
will be issued to an applicant who is in violation of the terms of
this article, and this shall apply even if the violation is not in
connection with the certificate requested.
B.
No structure for which a certificate of occupancy
and approval is required under the terms of this article shall be
occupied, transferred or sold until a certificate of occupancy and
approval is issued, as provided by the terms of this article.
A.
All of the above conditions conform to state laws
and regulations governing sanitary conditions and are necessary for
the preservation of health and prevention of disease.
B.
For any and every violation of the provisions of this
article, after notice thereof shall have been given as hereinafter
provided, the owner, agent, contractor, lessee or tenant of any property
where such violation has been committed, or any other person who commits,
takes part in or assists in such violation, shall be guilty of a misdemeanor
which shall be punishable by a fine of not less than $250 and not
more than $1,000 or imprisonment for a period not to exceed one year,
or both. Each day said violation continues shall constitute a separate
additional violation. [1]
C.
Such notice shall be in writing, signed by the Code
Enforcement Officer, and shall be served upon the person committing
such violation either personally or by registered mail.
