[HISTORY: Adopted by the Town Board of the
Town of East Hampton 10-5-2007 by L.L. No. 31-2007. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 255.
For the purposes of this chapter, the following
terms shall have the following meanings:
An eligible entity as defined herein.
Includes all costs associated with the removal or repair
and upgrade of an existing sanitary system, including but not limited
to, costs for labor and materials, and site restoration. "Costs" shall
not include financing or interest charges.
Any person, estate, trust, beneficiaries of an estate or
trust, partnership, or member of a limited liability corporation,
a corporation or other legal entity which owns residential or commercial
property that is eligible for the rebate established by this section
for the costs of upgrading the sanitary system on the premises to
current standards.
Any sanitary system located in a Harbor Protection Overlay District of the Town of East Hampton and constructed prior to January 1, 1981, which system has not been upgraded or repaired to meet the current requirements of the East Hampton Town Code for sanitary systems located in a Harbor Protection Overlay District as set forth in Chapter 255 (Zoning) of the East Hampton Town Code, and the upgrade of which is not required pursuant to an approval of the Town Zoning Board of Appeals or Suffolk County Department of Health Services. (See "eligibility" below.)
Construction work on improvements other than the sanitary
system which would require the issuance of a building permit under
the East Hampton Town Code.
To repair or replace an existing substandard sanitary system
with a system which meets the current Suffolk County Department of
Health Services, and, to the extent possible, Town of East Hampton
requirements for sanitary systems for the specific premises which
the system services.
A.
Eligibility.
(1)
In order to claim the rebate established by this chapter,
an applicant must be an eligible entity as defined herein, and must
replace or repair an existing substandard sanitary system on residential
or nonresidential property with a system which meets current Suffolk
County Department of Health Services and, to the extent possible,
Town of East Hampton requirements.
(2)
The rebate shall not be available in the case of the
installation of a new sanitary system installed in connection with
new construction or the substantial reconstruction of an existing
building pursuant to a natural resources special permit or site plan
approval where such permit or approval requires the upgrade of the
sanitary system as a condition of the approval. Site plan approvals
issued solely for the purpose of approving an upgrade to a sanitary
system on nonresidential property shall not render the upgrade ineligible
for the rebate.
(3)
In order to claim the rebate established by this chapter,
an applicant must have actually paid the cost of the upgrades to the
sanitary system.
(4)
Where the applicant owns more than one eligible property,
there shall be authorized one rebate for each eligible sanitary system
upgrade.
B.
Procedure for rebate.
(1)
In order to claim the rebate established by this section,
the applicant must:
(a)
Submit a building permit application for the
sanitary upgrade to the Town Building Inspector. In the event that
site plan review and/or a natural resources special permit would be
required for the upgrade, such approvals shall be obtained prior to
commencement of the upgrade, and such permits will be processed on
a expedited basis, provided the applicant does not seek approval to
perform any other improvements on the property which would themselves
require the issuance of either a natural resources special permit
or site plan approval. Fees for the processing of a natural resources
special permit, or a site plan application solely for the upgrade
of the sanitary system shall be waived.
(b)
Obtain an inspection of the existing sanitary
system by the Town Sanitation Inspector prior to commencement of any
upgrade work, in order to certify that the applicant's existing system
is a "substandard sanitary system" as the same is defined herein.
Such inspection may require that the existing sanitary system be excavated
in order to expose it for inspection.
(c)
Obtain an inspection of the upgraded sanitary
system by the Town Sanitation Inspector prior to backfilling, in order
to certify that the applicant has performed the work necessary to
upgrade the substandard sanitary system. Upon verification that improvements
have been properly installed to Suffolk County standards, and to the
extent possible, the standards of the Town of East Hampton, the Building
Inspector shall issue a compliance letter for the system. The compliance
letter shall also include a notice to the applicant that applicable
law requires that the sanitary system be maintained to Suffolk County
standards in the future, and that any modifications, changes, alterations
or future replacement systems will require the issuance of a new permit
and shall be performed to the then-applicable Suffolk County and,
to the extent possible, Town of East Hampton standards.
(2)
Upon issuance of the compliance letter by the Building
Inspector, the applicant shall provide the Town Building Inspector
with a notarized certification representing that the upgraded sanitary
system will be maintained in proper operating condition from the date
of installation, and further acknowledging the requirements that repairs,
alterations, modifications or future replacements shall meet the then-applicable
Town and Suffolk County standards.
(3)
The eligible individual shall then file a voucher
with the Town to claim the rebate established by this section, in
a manner prescribed by the Town Finance Department. The applicant
shall document all costs associated with the upgrade. A copy of the
compliance letter from the Town Building Inspector together with the
applicant's certification shall also be attached to the voucher.
(4)
Payment of the rebate shall be made to the applicant
after approval of the voucher by the Town Board and Town Finance Department.
C.
Amount of rebate. The rebate authorized for the upgrade
of an existing sanitary system pursuant to the terms of this local
law shall be $2,500 for upgrades to existing residential systems completed
before 1981, and $4,000 for upgrades to existing systems installed
before 1981 on commercial property.
The Town Board of the Town of East Hampton hereby
establishes a HPOD sanitary system upgrade capital project fund, for
the purposes enumerated in this section. Deposits into the fund may
include revenues of the Town from whatever source, including but not
limited to, a) indebtedness or obligations incurred pursuant to the
local finance law to effectuate the purposes of this section, b) general
fund balances or surpluses, or c) any state or federal grants received
by the Town. Interest accrued by monies deposited into the fund shall
be credited to the fund. In no event shall monies deposited into the
fund be transferred to any other account. Payment of the rebate shall
be subject to appropriation.
The provisions of this local law shall be applicable
to all properties in the Town of East Hampton within the Harbor Protection
Overlay District (HPOD) containing sanitary systems installed prior
to 1981, excluding properties within incorporated villages.
If any provision of this local law or application
thereof shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder of the local law, but shall be confined
in its operation to the provision thereof directly involved in the
controversy in which the judgment shall have been rendered.
This local law shall become effective upon its
filing in the Office of the Secretary of State of the State of New
York.
