[Amended 8-8-2017 by L.L.
No. 28-2017; 12-10-2019 by L.L. No. 36-2019]
A.
No person shall construct, alter, modify, repair or replace any sanitary
system (including any septic tank or cesspool) located within the
Town of East Hampton without having first obtained from the East Hampton
Town Building Department:
(1)
A building permit for the new installation or expansion of a
sanitary system; or
(2)
In the event of a proposed replacement of an existing system
without any increase in capacity, or any proposed change of use of
the premises upon which the system is located, an approved limited
septic registry authorization.
B.
Such building permit or limited septic registry authorization shall
state the exact location and address of the work in the manner and
form specified by the Building Inspector. Any changes to the existing
system shall be performed in accordance to plans reviewed and approved
by the Building Inspector and in accordance with the building permit
or limited septic registry authorization if applicable. No authorization
for alteration, modification, repair or replacement of any sanitary
system shall be issued until the proposed work has been approved by
the Suffolk County Department of Health Services.
[Amended 8-8-2017 by L.L.
No. 28-2017]
A.
All construction of sanitary systems shall conform to Standards for Sewage and Waste Disposal Systems, as then established by the Suffolk County Department of Health Services, to all applicable wetland setbacks of the New York State Department of Environmental Conservation and of the Town of East Hampton, and all other applicable local, county and state regulations concerning the siting of such structures and systems. No building permit or other authorization for any such work shall issue until the Building Department determines that all applicable provisions of the Town Code, including provisions of Chapter 255, Zoning, have been complied with.
[Amended 12-10-2019 by L.L. No. 36-2019]
B.
In addition to the conditions provided for in Subsection A, for all the following circumstances, the sanitary systems installed must be, or the current sanitary system must be upgraded to, a low-nitrogen sanitary system as defined in § 210-1-4:
(1)
All construction of new buildings and structures where a sanitary
system did not previously exist;
(2)
Any voluntary replacement of an existing sanitary system;
(4)
All large-capacity cesspools mandated to upgrade pursuant to
EPA regulations;
(5)
All nonresidential properties that require site plan review pursuant to § 255-6-30B(2), (4) or (5).
C.
When a site plan approval has been issued by the Planning Board,
the Planning Board may issue an extension for compliance with the
provisions of this section upon a showing of good cause. Good cause
must be based upon a showing that compliance is impossible due to
physical limitations and lack of an approved low-nitrogen sanitary
system to address and accommodate such limitations. It is not good
cause if a low-nitrogen sanitary system exists that would accommodate
such limitations, but does not accommodate the site plan applicant's
proposal to increase occupancy or use. Such extension shall not be
granted until the Planning Board has received proof that the owner/applicant
has recorded the following covenants and restrictions in the office
of the Suffolk County Clerk. The covenants and restrictions must provide
that:
[Amended 12-10-2019 by L.L. No. 36-2019]
(1)
The owner/applicant acknowledges that under the provisions of
this section he/she is required to upgrade the sanitary system on
the subject property as soon as possible; and
(2)
The owner/applicant seeks an extension to comply with the provisions
of this section; and
(3)
Upon approval of a low-nitrogen sanitary system that can accommodate
the physical limitations of the property, or upon availability of
a community sanitary system that the subject property can hook up
to, the owner/applicant must install the low-nitrogen sanitary system
or hook up to the community sanitary system within one year of the
availability of such option; and
(4)
Failure to comply with these covenants and restrictions may
subject the owner/applicant to the penalties contained in the East
Hampton Town Code, including, but not limited to, the revocation of
the extension for compliance; and
(5)
This extension and these covenants and restriction run with
the land, and to that end, all references herein to owner/applicant
shall be deemed to also refer to owner/applicant's successors in interest.
D.
Upon completion of the sanitary installation pursuant to a limited
septic registry authorization, a certificate of compliance shall be
issued for the sanitary system.
[Added 12-10-2019 by L.L.
No. 36-2019]
E.
Notwithstanding the issuance of a certificate of compliance, the Town shall have continued rights to inspect the system pursuant to Section § 210-5-1 hereof, "Required inspections," and to continue to receive information from the operations and maintenance entity pursuant to § 210-6-1.
[Added 12-10-2019 by L.L.
No. 36-2019]
[Amended 8-8-2017 by L.L.
No. 28-2017; 12-10-2019 by L.L. No. 36-2019]
Notwithstanding anything in the preceding section or any provision to the contrary in Chapter 255, Zoning, of the Town Code, a limited septic registry authorization may be issued solely for the purpose of repairing, replacing or upgrading an existing system to a low-nitrogen sanitary system. If such system complies in all respects with the current standards and requirements of the Suffolk County Sanitary Code, has the approval of the Suffolk County Department of Health Services and meets all current Town Code setbacks, or is to be sited in the same location as the existing sanitary system, a limited septic registry authorization may issue without Town site plan review, special permit review, building permit or other local review and approval, provided such low-nitrogen system is not an expansion of the sanitary system capacity, does not increase the occupancy of the premises, and there is no proposed change in use of the premises which requires site plan review and/or other approvals. The Building inspector and/or Sanitation Inspector shall determine an applicant's compliance with the foregoing requirements.
[Amended 8-8-2017 by L.L.
No. 28-2017]
To the extent practicable and consistent with the preceding
sections, all new construction of sanitary systems shall be located
on a site so that inspection and maintenance of such systems can be
carried out without excessive difficulty or trespass on the lands
of another. Thereafter, new buildings, structures, landscaping, etc.,
shall not be constructed or located so as to restrict such free access.
[Amended 8-8-2017 by L.L.
No. 28-2017]
Unless forbidden in a particular case by the Department of Health
Services, all sanitary systems shall be constructed in a manner that
permits inspection of the system as provided for herein without the
removal of large amounts of grass, dirt, landscaping or other material.
[Amended 8-8-2017 by L.L.
No. 28-2017; 12-10-2019 by L.L. No. 36-2019]
The fee charged for limited septic registry authorizations obtained
under this article shall be in such amount as shall be, from time
to time, prescribed by resolution of the Town Board. Different fee
schedules for residential and commercial properties, or for different
types or sizes of on-site disposal systems, may be established.
