[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:
| | Incorporates workforce housing or affordable housing; |
| | Provides for significant economic development in the hamlet of Huntington Station; |
| | Donates real property or other tangible benefit to the Town of Huntington; |
| | Provides significant environmental benefit to the Town of Huntington; |
| | Implements the recommendations of the Town's Comprehensive Plan; |
| | Achieves some other worthwhile goal or benefit as determined by the Town Board. |
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.