[HISTORY: Adopted by the Town Board of the
Town of Ballston as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-5-2000 by L.L. No. 3-2000]
[Amended 5-1-2007 by L.L. No. 5-2007]
The purpose of the regulations in this article
is to protect, preserve and promote the physical and mental health
and social well-being of the people, to minimize the incidents of
communicable diseases, to regulate privately and publicly owned dwellings
for the purpose of maintaining adequate sanitation and public health,
to promote the safety of the people and to promote the general welfare
by regulations which shall be applicable to all dwellings now in existence
or hereafter constructed.
[Amended 11-7-2002 by L.L. No. 5-2002; 9-30-2003 by L.L. No.
4-2003; 5-1-2007 by L.L. No. 5-2007]
No person shall undertake replacement of an
existing wastewater disposal system or construction or expansion of
any structure or facility in the Town of Ballston without first meeting
the requirements for wastewater disposal, in accordance with applicable
regulations of the Town of Ballston, New York State Department of
Environmental Conservation and the New York State Department of Health.
A.
All components of sewage collection and disposal systems
in the Town of Ballston shall be designed by a New York State licensed
Design Professional. The replacement of existing septic tank or distribution
box with like kind shall be exempt from the requirement of design
by New York State licensed design professional. The design professional
shall inspect construction and certify to the Town that the system
has been installed in accordance with the approved drawings and specifications.
(1)
All systems shall be designed in accordance with the
following standards, as applicable:
(a)
Recommended Standards for Sewage Works, published
by the Great Lakes-Upper Mississippi River Board of State Sanitary
Engineers, 1978 edition (commonly known as "Ten-State Standards").
(b)
Design Standards For Wastewater Treatment Works -
Intermediate-Sized Sewerage Facilities, published by the New York
State Department of Environmental Conservation, 1988 edition.
(c)
Appendix 75-A of Part 75 of the Administrative Rules
and Regulations contained in Chapter II of Title 10 (Health) of the
Official Compilation of Codes, Rules and Regulations of the State
of New York.
(d)
Individual Residential Wastewater Treatment Systems
Design Handbook, published by the New York State Department of Health,
latest edition.
(2)
The design professional shall be either a professional
engineer or architect licensed or registered in the State of New York
and authorized by the State Education Law to design the systems described
in the standards. For certain facilities of a minor nature, a licensed
land surveyor will be considered a design professional if qualified
as an "exempt person" under State Education Law § 7208,
Subdivision n. A licensed land surveyor shall not be allowed to design
sewage disposal or treatment plants, lift stations, pumping stations,
or sewage disposal systems for commercial buildings.
B.
Community sewerage system. A system utilized for the
collection and disposal of sewage, or other waste of a liquid nature,
including the various devices for the treatment of such wastes serving
more than one lot, whether owned by a municipal corporation or private
utility.
(1)
Connection to a community sewerage system shall be
required where a subdivision, building or facility is reasonably accessible
to an existing sewer district or service area.
(2)
This requirement shall apply in the absence of proof
satisfactory to the Town Planning Board that the developer cannot
effect arrangements for the installation and/or connection of the
sewerage system to the existing sewer district or service area facilities.
(3)
The Planning Board shall require installation of dry
sewers for subdivision of land in accordance with the community sewerage
plan published by the Saratoga County Sewer District titled "Ballston
Lake Watershed Sewer Study: Proposed Location of Sewers." Dry sewers
shall also be required if a proposed project is within 500 feet of
an existing dry sewer collection system.
C.
On-site wastewater treatment systems. Where an existing community sewerage system is unavailable, individual on-site sanitary disposal may be utilized. Designs shall comply with all requirements as set forth in § 73-2A(1) of this chapter. Design plans shall show, at a minimum:
(1)
Site evaluation data, including but not limited to
location of nearby water sources and water lines, terrain or surface
characteristics, subsurface conditions, nearness of habitation, possibility
of flooding, possibility of groundwater mounding, and room for expansion.
Soil evaluation should be based on finished elevations of the site.
Any proposed cut or fill work that is to be done must be accounted
for when determining the suitability of the site for soil absorption
systems.
(2)
Soil profile observations from deep hole test pits
dug at the perimeter of the expected soil absorption area. Required
soil profile information shall, at a minimum, include:
(a)
Thickness of layers or horizons, texture (USDA), consistence,
and structure of soil layers.
(b)
General color and color mottling or variation (this
should be done in natural light only).
(c)
Depth to water, if observed and depth to estimated
or observed seasonally high groundwater level, depth to and type of
bedrock, if observed.
(d)
Other prominent features such as visible pores, stoniness
or roots.
(3)
Soil percolation information from percolation tests
run in an area immediately adjacent to or in between the areas planned
for absorption trenches if such details are known at the time. For
mound system, the percolation test must be run just within the estimated
boundary of the basal area of the mound. At least two percolation
tests for every 1,000 square feet of absorption area shall be performed
in holes spaced uniformly throughout the site. If the soil conditions
are highly variable, more tests may be required.
(4)
Design flow information for the proposed use in accordance with estimated hydraulic loading rates published in the applicable design standards set forth in forth in § 73-2A(1) of this chapter.
(5)
For wastewater flows that are not residential in nature,
detailed data shall be provided regarding the character and quantity
of the wastewater flow.
(6)
Minimum and proposed separation distance information.
(7)
Typical service connection.
(8)
Location of all water supply wells and wastewater
disposal areas within 200 feet of the proposed treatment area.
(9)
Construction and material specifications.
(10)
For low-pressure sewers, design pressure information
and pumping equipment information shall be provided. Cleanout, fittings,
appurtenances and pump tank information shall also be provided.
D.
Alternative treatment systems. Certain site conditions
may prohibit installation of conventional subsurface wastewater treatment
systems as described in the Individual Residential Waste Water Treatment
Systems Design Handbook published by the New York State Department
of Health or the Design Standards For Wastewater Treatment Works -
Intermediate Sized Sewerage Facilities published by the New York State
Department of Environmental Conservation.
(1)
Alternative treatment systems shall be designed by
a professional engineer or architect.
(2)
Alternative treatment systems for new construction
shall be reviewed and approved by the New York State Department of
Health prior to the issuance of a building permit.
(3)
Alternative treatment systems for existing buildings.
The applicant shall be required to prove that a conventional wastewater
treatment system cannot be installed and that the proposed alternative
treatment system will be able to meet minimum wastewater treatment
performance standards set forth in this chapter.
(4)
Construction of alternative treatment systems must
be supervised by the design professional, and certification of construction
in conformance with the approved plans shall be provided by the design
professional to the Town of Ballston.
E.
Building permit requirement. A building permit is
required for construction, enlargement or replacement of any on-site
wastewater treatment system.
(1)
Sewage collection and disposal systems as part of
a new building or structure shall not require a separate building
permit application but will require design plans prepared in accordance
with this chapter.
(2)
An individual building permit shall be required for
the replacement or enlargement of any existing on-site wastewater
treatment system in the Town of Ballston. Design plans prepared in
accordance with this chapter are required before a permit will be
issued. Replacement includes exchange of any component of an existing
wastewater treatment system, including septic tank, distribution equipment
or absorption component. Enlargement includes installation of additional
system components including but not limited to grease traps and absorption
field area.
(3)
The Town of Ballston Building Inspector shall be scheduled
to inspect the installed wastewater treatment system prior to backfill.
(4)
Certification of construction in conformance with
the approved plans shall be provided by the design professional to
the Town of Ballston Building Department before issuance of a certificate
of compliance or occupancy.
F.
System failure.
(1)
Any wastewater treatment system in the Town of Ballston
that sustains a major failure (e.g., raw sewage or effluent discharge),
as such failure is determined by the Town of Ballston Building Inspector,
Health Officer or Town-designated engineer, the owner of such building
shall take immediate action to contain the failure. The owner shall
also be required to permanently correct such failure within 30 days
following written notice by the appropriate Town official. This written
notice may be delivered either to the owner of the property, or to
the tenant, or occupant of the property, and such time limit shall
be based on calendar days. Correction of the failure shall be to the
reasonable satisfaction of the Town of Ballston Building Inspector,
Health Officer or Town-designated engineer.
(2)
Fine; notice.
(a)
In the event that the property owner fails to make
such corrections within the thirty-day time limit specified herein,
the owner may be subject to a daily fine of up to $500, in addition
to revocation of any issued certificate of occupancy or legally permissible
injunctive relief or any other civil actions; or, in the alternative,
the Town Board may order the repair of the wastewater treatment system
and further order that a notice be served upon the persons in the
manner provided below.
(b)
Contents of notice. The notice shall contain the following:
[1]
A description of the premises upon which the
wastewater treatment system is failing (the "premises").
[2]
A statement of the particulars in which the
wastewater treatment system is failing.
[3]
An order outlining the manner in which the wastewater
system is to permanently corrected.
[4]
A statement that the correction of such wastewater
treatment system shall commence within 30 days of the service of the
notice and shall be completed within 60 days thereafter unless the
Town Board, for good cause shown, and in its discretion, extends such
time.
[5]
A date, time and place for a hearing before
the Town Board in relation to such failed wastewater treatment system,
which hearing shall be scheduled not less than five business days
from the date of service of the notice.
[6]
A statement that, in the event of neglect or
refusal to comply with the order to correct such wastewater treatment
system, the Town Board is authorized to provide for its correction,
to assess all expenses thereof against the premises and to institute
a special proceeding to collect the costs of correction, including
but not limited to legal, surveying, engineering and architectural
expenses.
(c)
Service of notice. Said notice shall be served by
personal service of a copy thereof upon the owner, executor, administrator,
agent, lessee or any person having a vested or contingent interest
in the premises as shown by the records of the receiver of taxes (or
tax collector) or of the County Clerk or, if no such person can be
reasonably found, by mailing such owner by registered mail a copy
of such notice directed to his last known address as shown by the
above records; and by personal service of a copy of such notice upon
any adult person residing in or occupying the premises if such person
can be reasonably found; and by securely affixing a copy of such notice
upon the premises.
(d)
Filing of notice. A copy of the notice served as provided
herein shall be filed in the office of the County Clerk of the County
of Saratoga.
(e)
Refusal to comply. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the correction of the wastewater treatment system either by Town employees or by contract. Except in emergency, as provided in Subsection F(2)(g) below, the Town Board, prior to the commencement of the correction of the wastewater treatment system, shall cause to be served upon the persons and in the manner provided in Subsection F(2)(c) above, a final notice that the Town Board intends to provide for the correction of the wastewater treatment system either by Town employees or by contract. Except in an emergency, as provided in Subsection F(2)(g) below, any contract for correction of a wastewater treatment system in excess of $5,000 shall be awarded through competitive bidding.
(f)
Assessment of expenses. All expenses incurred by the
Town of Ballston in connection with the proceedings to correct the
wastewater treatment system shall be assessed against the premises
and shall be levied and collected in the same manner as provided in
Article 15 of the Town Law for the levy and collection of a special
ad valorem levy.
(g)
Emergency cases. If the Town Board finds that there is present a clear and imminent danger to the life, safety or health of any person or property unless a failed wastewater treatment system is immediately corrected, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the correction of such wastewater treatment system. The expense of such correction shall be a charge against the premises and shall be assessed, levied and collected as provided in Subsection F(2)(f) above.
No owner or other person shall occupy or let
to another person any vacant dwelling or dwelling unit unless it and
the premises are clean, sanitary, fit for human occupancy and comply
with the requirements of this article and all applicable laws.
Every owner of a dwelling containing two or
more dwelling units shall maintain in a clean and sanitary condition
the shared or public areas of the dwelling and premises thereof.
Every occupant of a dwelling or dwelling unit
shall maintain in a clean and sanitary condition that part or those
parts of the dwelling, dwelling unit and premises thereof that he
or she occupies and controls.
A.
Rubbish. Every occupant of a dwelling or dwelling
unit shall dispose of all his or her rubbish in a clean, sanitary
and safe manner. Burning of rubbish is unlawful.
B.
Garbage. Every occupant of a dwelling or dwelling
unit shall dispose of all garbage or any other organic waste material
which might provide food for insects or rodents in a clean, sanitary
and safe manner through use of a rodent-proof, insect-proof and watertight
container for garbage or refuse storage pending collection, and garbage
or refuse shall not remain on curbside for more than 72 hours.
[Amended 8-5-1997 by L.L. No. 3-1997]
C.
Rubbish and garbage containers. Every owner of a dwelling
unit containing three or more dwelling units shall supply facilities
or containers for the sanitary and safe storage and/or disposal of
rubbish and garbage. In a single- or two-family dwelling, it shall
be the responsibility of the occupant to furnish such facilities or
containers.
D.
Scavenging and scrapping.
[Added 6-24-2014 by L.L. No. 1-2014]
(1)
Upon placement of household waste, garbage, refuse, recyclables (including,
but not limited to paper, glass, plastic and metal items), furniture,
or other material out for residential curbside collection, Town bulk
item pick up or upon delivery to any disposal location designated
by the Town, it shall be a violation of this article for any person
other than a Town-licensed garbage and refuse collector hired by the
property owner or authorized agents or employees of the Town to disturb,
rummage in or sort through, remove, collect or pick up any such waste,
garbage, refuse, recyclables, furniture or other material or cause
the same to disturbed, sorted through, removed, collected or picked
up.
(2)
Nothing in this article shall abridge the right of any person to
give or sell their recyclables or unwanted personal property to any
person, provided that such items have not been set out for residential
curbside collection, Town bulk item pick up or delivered to a Town-designated
disposal location.
The occupants of a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises. Occupants of a building containing
more than one dwelling unit shall be responsible for such extermination
whenever their dwelling unit is the only one infested. Notwithstanding
the foregoing provisions of this section, whenever infestation is
caused by failure of the owner to maintain a dwelling in a rodent-proof
or reasonably insect-proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units of any dwelling, or in the shared public part of any dwelling
containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner.
A.
Whenever the Building Inspector becomes aware of a
situation that might possibly pose a health or safety hazard, it shall
be brought to the attention of the Town Board. If the Town Board,
acting as a Board of Health, is advised by the Town Health Officer
that any dwelling constitutes a serious hazard to the health or safety
of the occupant or to the public because it is dilapidated, unsanitary,
vermin-infested or lacking in the facilities required by this article,
such Board of Health shall designate such dwelling unfit for human
habitation, order the dwelling vacated and shall cause to be posted
on the main entrance of any dwelling so closed a placard with the
following words: "Use of this building for human habitation is prohibited
and unlawful."
B.
If the owner fails to comply with an order issued
by the Board of Health to bring the dwelling into compliance with
the requirements of this article within 30 days from the date of such
order, the Board of Health may apply to the District Health Officer
for an order that such building be removed or demolished as provided
for by the applicable state law.
Notwithstanding any other remedy available under
this article or any other law, any person who violates this article
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $250 or imprisoned for not more than
15 days, or both. Each day of noncompliance shall be considered a
separate offense.
[Adopted 10-7-1997 by L.L. No. 5-1997]
A.
The purpose of this article is to protect the public
health, safety, morals, welfare and public and private property by
establishing minimum standards governing the conditions of occupancy,
maintenance of premises and duties of owners and operators of buildings
and to authorize and establish procedures for the inspection of dwellings
and other buildings; and to fix penalties for the violations of this
article. This article is hereby declared to be remedial and essential
for the public interest, and it is intended that this article be liberally
construed to effectuate the purposes as stated herein.
All parts of the premises shall be maintained
so as to prevent infestation and the accumulation of debris and junk
as hereinafter defined.
As used in this article, the following terms
shall have the meanings indicated:
Manufactured goods that are so worn, deteriorated or obsolete
as to make them unusable for their original purpose in their existing
condition, but are subject to being dismantled, including used paper,
scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap
zinc, and all other scrap metals and their alloys, and rags, used
cloth, used rubber, used rope, used tinfoil, used bottles, old or
used machinery, used tools, appliances, fixtures, utensils or lumber,
used boxes or crates, used pipe or pipe fittings, used tires and unusable
and/or discarded furniture.
The owner or occupant of every occupied building
or structure within the Town of Ballston shall have watertight receptacles
with tight-fitting covers sufficient in capacity to hold all refuse,
garbage and waste matter from said building or structure. When not
out for collection, receptacles shall be located and maintained out
of public view in such a manner as to prevent the creation of a nuisance
or a health hazard.
[Amended 6-24-2014 by L.L. No. 1-2014]
The Zoning Enforcement Officer, the Building Inspector, County
law enforcement and such persons as may be designated from time to
time by the Town Board of the Town of Ballston or any of them, are
hereby designated as the officers charged with the enforcement of
this article and the code hereby established and are hereinafter referred
to as the "enforcement officer."
A.
Whenever the enforcement officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this article, he or she shall give notice of such
alleged violation to the person or persons responsible therefor as
hereinafter provided. Such notice shall be in writing, including a
statement of the reasons why it is being issued, and shall be served
upon the owner or occupant of the premises or the agent of either
of them. Such notice shall be deemed to be properly served if a copy
thereof is served upon such person personally or is sent by certified
or registered mail to his or her last known address or is posted in
a conspicuous place in or about the premises affected by the notice.
Such notice shall state that unless within 10 days from service of
the notice a written request is made for a hearing before the Board
of Review, said notice shall at the expiration of such ten-day period
be deemed an order to cease and desist from and to abate the described
violation, and such notice shall prescribe a reasonable time within
which such person shall be required to cease and desist from and abate
such violation.
B.
The notice shall also contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this article.
The Board of Review shall consist of at least
one Councilman of the Town of Ballston, a member of the town's Zoning
Board of Appeals and a member of the town's Planning Board.
If a hearing as aforesaid is requested, it shall
be commenced not later than 10 days after request therefor is made,
provided that for good cause the enforcement officer acting on behalf
of the Board of Review may postpone such hearing for a reasonable
time. If after a hearing the Board of Review finds that no violation
exists, it shall withdraw the notice. If it finds that a violation
does exist, it shall enter and issue an order requiring the abatement
of the same within a prescribed reasonable time. The proceedings at
such hearing, including the findings and decision of the enforcement
officer, shall be summarized, reduced to writing and entered as a
matter of public record in the office of the enforcement officer.
Whenever the enforcement officer finds that
an emergency exists which requires immediate attention to protect
the public health or safety, he or she may without notice or hearing
issue an order reciting the existence of such an emergency and requiring
that such action be taken as he or she deems necessary to meet the
emergency. Notwithstanding any other provisions of this article, such
order shall be effective immediately. Any person to whom such order
is directed shall comply therewith immediately, but upon petition
to the enforcement officer, he or she shall be afforded a hearing
as soon as the Review Board may be assembled. After such hearing,
the enforcement officer shall continue such order in effect or modify
or withdraw it.
A.
Action upon noncompliance. Upon the failure, neglect
or refusal of any owner or agent so notified to properly comply with
this article within 48 hours after receipt of the written notice or
within 48 hours after the date of such notice in the event that the
same is returned to the enforcement officer because of its inability
to make delivery thereof and provided that the same was properly addressed
to the last known address of the last owner or agent, the Superintendent
of Highways is hereby authorized and empowered to pay for the correction
of such violation.
B.
Charge included in tax bill. When the Town has effected
the correction of the violation or has paid for its removal, the actual
cost thereof, plus the accrued legal rate of interest of annum from
the date of the completion of the work, if not paid by such owner
prior thereto, shall be charged to the owner of such property on the
next regular tax bill forwarded to such owner by the town; and such
charge shall be due and payable by said owner at the time of payment
of such bill.
C.
Filed statement constitutes lien. Where the full amount due the Town is not paid by such owner within 20 days after the correction of such violation, as provided in Subsections A and B above, then and in that case the Superintendent of Highways shall cause to be filed in the office of the Town Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property by assessment district, section, block and lot on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
Any person who shall violate any of the provisions
of this article or any order promulgated hereunder shall, upon conviction,
be punished by a fine not to exceed $250 or by imprisonment for not
more than 15 days, or both, for each violation of any of the provisions
of this article, and each day that such violation shall continue shall
be deemed to be a separate and distinct offense.
