[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:
APPLICANT
An eligible entity as defined herein.
COSTS
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.
ELIGIBLE ENTITY
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.
SUBSTANDARD SANITARY SYSTEM
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.)
SUBSTANTIAL RECONSTRUCTION
Construction work on improvements other than the sanitary system which would require the issuance of a building permit under the East Hampton Town Code.
UPGRADE
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.
D. 
Rebate expiration date. The rebate established pursuant to this § 208-2 shall be paid to eligible individuals for the upgrade of sanitary systems completed on or before December 31, 2010.
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.