[Added 7-10-2007 by L.L. No. 30-2007; amended 1-10-2012 by L.L. No. 1-2012]
A. Legislative intent. It is the policy and duty of the
Town Board to give parcels lying within the district and wishing to
connect to district facilities priority over those outside district
boundaries. Applications to connect parcels located outside of district
boundaries to district facilities may only be considered by the Town
Board if, in the Board's discretion, they meet one or more of the
following criteria:
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Incorporates workforce housing or affordable
housing;
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Provides for significant economic development
in the hamlet of Huntington Station;
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Donates real property or other tangible benefit
to the Town of Huntington;
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Provides significant environmental benefit to
the Town of Huntington;
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Implements the recommendations of the Town's
Comprehensive Plan;
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Achieves some other worthwhile goal or benefit
as determined by the Town Board.
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B. Application requirements. An original and seven (7)
copies of a verified petition by the property owners shall be filed
in the Department of Environmental Waste Management requesting permission
to connect to district facilities and providing a detailed reason
for the request. A petition shall be accompanied by the following:
(1) A copy of the latest deed.
(2) A copy of the latest survey.
(3) A copy of any covenants and restrictions filed against
the property.
(4) A plan view drawing, drawn to scale, showing the location
of the current and proposed plumbing and sanitary system connections.
(5) A plan view drawing, drawn to scale, of the proposed
construction.
(6) A plan view drawing, drawn to scale, of the current
and proposed grading of the property and MSL elevations.
(7) Detailed technical specifications of the proposed
connection to the collection system of the district, including design
flow based on Suffolk County Department of Health Services standards.
(8) Any other plan, survey or document deemed necessary
by the Department or district to properly evaluate the application.
C. Application fee. An application fee of two hundred
and fifty ($250.) dollars for one and two family residences, and five
hundred ($500.) dollars for all other uses including multi-family
development and mixed use structures shall be payable at the time
a petition is filed. The application fee shall be paid by bank or
certified check or money order and made payable to the Town of Huntington.
D. If the application meets the criteria established
by the Board for connection to the district, the Department shall
review the application with the assistance of the district engineers
and provide its findings and recommendations to the Board. Such findings
shall include, but shall not be limited to, a statement that one or
more of the Board's criteria for connection has been established;
a statement as to strength and characteristics of the flow proposed
for discharge to the district; and its anticipated impact, if any,
on the capacity of the district and district facilities. The applicant
shall be required to pay for special engineering reports, surveys
and studies, if necessary to determine whether existing sewer lines
can convey the additional flow and there is sufficient capacity to
connect the parcel. In these cases, the applicant shall pay an amount
determined by the Department as sufficient to cover the cost of such
services. These funds shall be placed in a non-interest bearing town
escrow account.
E. Action by the Board. The Town Board may, but is not
required to, entertain out-of-district applications forwarded by the
Department of Environmental Waste Management as it deems appropriate.
If an application is considered by the Board, it may adopt or reject
the findings and recommendations of the Department in whole or in
part, and may, at its discretion, approve or deny the petition as
the Board deems advisable. The Board may condition its approval as
it deems necessary in the interests of the District. Failure to abide
by a condition or restriction imposed by the Board shall be deemed
a violation of this chapter and cause for revocation of any permit
issued as a result of the approval.
[Amended 7-13-2021 by L.L. No. 35-2021]
F. Conditions of approval. All approvals by the Board
shall be deemed subject to the further approval of the District Superintendent
as to the nature, scope and method of connecting to district facilities,
and the equipment and materials to be used by the applicant. Town
Board approvals shall also be conditioned on the following, whether
or not specifically referenced in the resolution of the Board:
(1) The applicant shall execute an agreement establishing
flow limits and agreeing to the terms and conditions established by
the Board. The agreement is subject to the approval of the New York
State Department of Environmental Conservation and Suffolk County
Department of Health Services, and shall be filed in the office of
the Suffolk County Clerk at the applicant's own cost as covenants
and restrictions against the property. Proof of filing, in a form
acceptable to the town attorney, shall be provided by the applicant
before the Superintendent will approve a connection or issue a permit.
(2) When deemed necessary by the district and at the applicant's
expense, the installation and maintenance of a sampling station to
monitor the strength and characteristics of the wastewater and a permanent
flow meter to measure the volume of sewage from the premises. The
flow meter shall be calibrated annually by the applicant and proof
thereof shall be provided to the district.
(3) When deemed necessary by the district, discharge monitoring
reports and daily flow readings shall be provided monthly to the district
by the applicant. If discharge monitoring reports reveal the existence
of abnormal sewage, the applicant shall pay an additional monthly
fee, as billed by the district, until no trace of abnormal sewage
is found.
(4) The placement of funds in a non-interest bearing town
escrow account, in an amount determined by the district, sufficient
to cover the costs of reviewing the sewer connection plans and inspections
during construction by district engineers and consultants.
(5) The one-time payment of impact fees which shall be
calculated and paid as set forth in this chapter.
(6) Payment
of an annual user's fee to off-set the cost of processing and treating
the wastewater discharged from the portion of the property located
outside district boundaries. The user’s fee to be included within
a contract to use district facilities shall be in addition to any
other fee established in this chapter or by the district, or by contract,
and shall be incorporated as part of the real property tax bill of
the owner and collected at the same time and in the same manner as
other town levies or may be billed by the District separately, at
the option of the District. The user's fee to be charged to not-for-profits
organized and existing pursuant to the New York State Not-For-Profit
Corporation Law or § 501(c)(3) of the Internal Revenue Code,
and all other residential, industrial, and commercial users for each
year of the agreement shall be calculated by multiplying the most
recent annual assessed valuation of the property by the latest sewer
tax rate plus twenty (20%) percent.
(7) Payment of the parcel's proportional share of the
cost of upgrading, altering, repairing or installing sewer facilities,
if necessary, to accommodate the applicant's additional flow, including
the cost of all engineering studies, contractors and consultants deemed
necessary by the district.
(8) Full compliance with the requirements of this chapter,
district regulations and agreement for connection to the district.
G. Term of approval. An approval to connect to district
facilities shall not exceed a period of forty (40) years in accordance
with Article 5-D of the General Municipal Law and other applicable
laws and regulations, and shall be subject to the ability of the district
to effectively service the needs of district users and properties
lying within the district over those outside of district boundaries.
The Town Board may, at any time before the expiration of the term,
upon due notice, and with or without consent of the property owner
withdraw its approval and terminate the agreement should the flow
capacity of the district be insufficient to meets the needs of the
district.
[Amended 7-10-2007 by L.L. No. 30-2007]
A. Permit classifications. There shall be two (2) classes
of street lateral permits:
(1) Residential: for service to residential premises (including
multiunit residential).
(2) Commercial-industrial: for service to commercial establishments
and sites producing industrial wastes.
B. Application procedures.
(1) The owner or their agent shall make application on
a form furnished by the town, which shall be obtained through the
Superintendent's office and the Department of Environmental Waste
Management, and entitled "Resident Commercial and Industrial Sewer
Connection Application."
(2) The permit application shall be supplemented by any
plans, specifications or other information considered pertinent in
the judgment of the Superintendent.
(3) The street lateral permit shall be valid for a period
of two (2) years, and an additional one-year extension may be granted
if requested within six (6) months of the street lateral permit expiration
date.
C. Fees.
[Amended 11-8-2006 by L.L. No. 33-2006]
(1) Residential laterals. A fee of one hundred fifty ($150)
dollars for each residential and multi-unit residential street lateral
permit and five hundred ($500) dollars for each commercial and/or
industrial street lateral permit shall be paid to the Town of Huntington
at the time the permit application is filed.
(2) Commercial and industrial laterals. For each commercial
and industrial development, and multi-unit residential developments
served by more than one (1) street lateral, the District Engineer,
in conjunction with the district, will develop a fee schedule for
review of the proposed plans, administration and inspections. The
district shall require establishment of an escrow account with the
funds to be provided by the owner, prior to the District Engineer
commencing work. The escrow account shall cover the cost of the District
Engineer’s review of the owner’s proposed plans, administration
and inspection on behalf of the district.
(3) Substantial street lateral repair, replacement or
relocation.
(a)
An owner that is undertaking substantial repair,
replacement or relocation of a lateral shall obtain a street lateral
permit as identified in this chapter and shall pay the requisite fees.
(b)
Any owner that proceeds with substantial repair,
replacement or relocation of a street lateral without first obtaining
a street lateral permit shall be guilty of a violation of this chapter.
(4) An owner shall pay a fee of three hundred fifty ($350)
dollars to the district to conduct a dye test of the owner’s
lateral line.