A.
Duties. It shall be the duty of the enforcement officer(s)
to administer and enforce the provisions of this Part 1.
B.
Appointment. The Town Board of the Town of Queensbury
shall appoint the enforcement officer(s).
C.
Duty of Director of Building and Code Enforcement.
The Director of Building and Code Enforcement, or his/her designee,
shall be the Enforcement Officer, and is referred to throughout this
Part 1 as the "Enforcement Officer" or the "Director of Building and
Code Enforcement." It shall be the duty of the Director of Building
and Code Enforcement to inspect all facilities falling under the jurisdiction
of this Part 1, including but not limited to all individual sewage
disposal systems and all preexisting individual sewage disposal systems,
and (s)he is hereby authorized to enter any parcel of property within
the Town of Queensbury pursuant to this authority. Where practical,
such inspections and entry shall be made after reasonable notice to
the owner or occupant. If it is necessary to enter a structure to
make an inspection, the owner must consent to the entry and the owner
or owner's representative must be present when the entry and inspection
is made. If the owner refuses to consent, the Enforcement Officer
shall report to the Town Board and the Town Board may authorize Town
Counsel to seek a court order authorizing the entry and inspection.
[Amended 5-24-1991 by L.L. No. 6-1991; 5-5-1997 by L.L. No. 4-1997]
D.
In carrying out the provisions of this Article IV, the local Board of Health or the Enforcement Officer may engage the services of a qualified professional consultant for expert review and recommendation arising from the carrying out of the provisions of this Article IV, including but not limited to the review of plans, specifications and reports, attendance at inspections, dye tests, deep hole test pits, septic-related deep hole and percolation tests, system installation, and any other aspect of any matter contained in this Article IV, and any costs incurred in such review shall be paid to the Town by the owner of the property before any approval granted under this Article IV shall become effective or within 30 days of presentment of an invoice for same, whichever is sooner. Such costs shall not exceed $1,500 without prior written notice to the party to be charged with same.
[Added 7-2-2007 by L.L. No. 3-2007]
[Amended 5-24-1991 by L.L. No. 6-1991]
The original or a certified copy of all decisions,
approvals, rulings and findings of any board under this Part 1 and
of all permits and certificates issued pursuant to this Part 1 shall
be retained in the files of the enforcement officer as a permanent
public record. A copy shall be retained in the files of the Department
of Building and Code Enforcement for the Town of Queensbury. (It is
recommended that owners also retain a copy of the plan of the disposal
system.)
A.
It shall be unlawful for any person to construct,
alter, repair or extend an individual sewage disposal system within
the Town unless a disposal system building permit has been issued,
except that minor repairs may be made without a permit.
B.
Applications for disposal system building permits
may be made only by the owner or lessee of the lot for which the system
is proposed or his duly authorized agent or assigns, and applications
shall be in writing, signed by the applicant in such form as determined
by the enforcement officer. The appropriate fee posted in the Department
of Building and Code Enforcement shall accompany the application for
a sewage disposal system building permit. Applications shall be submitted
to the enforcement officer or the Director of Building and Code Enforcement
and shall include such information as the New York State Board of
Health and the enforcement officer shall require, including the following:
[Amended 5-24-1991 by L.L. No. 6-1991]
(1)
The name and address of the applicant.
(2)
The specific location of the property on which the
construction, alteration, repair or extension is proposed.
(3)
A plan of the proposed disposal system, with substantiating
data attesting to compliance with the minimum standards set forth
in this Part 1.
(4)
A sketch of the property showing the location of the
proposed construction, alteration, repair or extension and including
delineation of the property lines and sources of water supply for
the property and adjoining properties.
(5)
Evidence to demonstrate to the satisfaction of the
enforcement officer that there is no public sewer available into which
the sewage can be discharged from plumbing facilities on the proposed
building site, or that it is impracticable to discharge sewage from
on-site plumbing facilities into a sanitary sewer system.
(6)
A percolation test for the site of a proposed facility.
The percolation rate shall be determined by the methods described
in the Waste Treatment Handbook - Individual Household Systems, New
York State Department of Health.
(a)
The enforcement officer may verify the results
of such percolation tests and require all such information from the
applicant necessary for such review; alternatively, the enforcement
officer shall indicate the individual designated by the Board of Health
to conduct this test.
(b)
See Appendix F for suggested percolation testing
techniques and a sample application.[1]
[1]
Editor's Note: Appendix F is included at the end of this chapter.
(7)
Site data which might affect, or be affected by the
proposed system, including but not limited to specifications regarding
soil type, topography, depth or seasonal high groundwater, depth to
impervious material, depth to bedrock or distance to surface bodies
of water. The determination of depth to seasonal high groundwater
shall be made in the months of March, April, May or June, within six
weeks of the time that the frost leaves the ground. All determinations
shall be accompanied by a detailed statement of the testing methods
used as well as the basis for the determination. The enforcement officer
shall determine whether or not an application is complete. (See Appendix
F, for technique for determination of seasonal high groundwater.[2])
[2]
Editor's Note: Appendix F is included at the end of this chapter.
C.
The enforcement officer shall have the authority to
require certification or retesting to verify information submitted
as part of the application.
D.
The enforcement officer may conduct such investigations,
examinations, tests and site evaluations as he deems necessary to
verify information contained in an application for a sewage disposal
building permit, and the applicant or owner of land on which the system
is proposed shall grant the administrator or his agents permission
to enter on his land for these purposes.
E.
The enforcement officer shall not issue a disposal
building permit unless all pertinent site data has been submitted,
verified and certified as required by Part 1; all permit fees have
been paid; and the enforcement officer has determined that the alteration,
repair or construction as proposed in the application complies with
all the specifications contained in this Part 1.
F.
The enforcement officer may disapprove an application
for a disposal system building permit if he determines that:
(1)
The individual sewage disposal system, as proposed,
will not conform to the requirements or specifications of this Part
1.
(2)
The applicant has failed to supply all data necessary
to make a determination as to whether or not such individual sewage
disposal system conforms to the requirements or specifications of
this Part 1 and has failed to supply such information for 60 days
after a written request for such additional information has been mailed.
(3)
The applicant has failed to pay all necessary fees
and has failed to make such payment for 60 days after notice of such
nonpayment has been mailed.
G.
The enforcement officer may, by written notice, order
all further work stopped on any individual sewage disposal system
which is being constructed or installed in violation of this Part
1.
A.
It shall be unlawful for any unauthorized person to
cover or utilize any individual sewage disposal system unless a disposal
system use certificate has been issued therefor.
B.
It shall be the duty of the holder of the disposal
system building permit to notify the enforcement officer when the
installation is ready for inspection. The inspection shall be made
as soon thereafter as practical by the enforcement officer. The enforcement
officer may also make inspections during construction to ensure that
the system is being installed in accordance with the application and
this Part 1. Any part of any installation which has been covered prior
to final approval shall be uncovered upon order of the enforcement
officer.
C.
A disposal system use certificate shall not be granted
until the enforcement officer has determined that the individual sewage
disposal system has been installed in compliance with the application
and this Part 1. The enforcement officer may make such a determination
only after he has made an on-site investigation of the system or received
a certification from the individual designing and installing the system
that the system conforms to the specifications as set forth in the
application and this Part 1. The enforcement officer may withhold
a determination until after an on-site investigation has been completed,
notwithstanding that the system has been certified as properly installed
and designed.
The local Board of Health may vary or adapt
the strict application of any of the requirements of this Part 1 in
the case whereby such strict application would result in unnecessary
hardship that would deprive the owner of the reasonable use of the
land involved.
A.
No variance in the strict application of any provision
of this Part 1 shall be granted by the local Board of Health unless
it shall find all of the following:
(1)
That there are special circumstances or conditions,
fully described in the findings of the local Board of Health, applying
to such land, and that such circumstances or conditions are such that
strict application of the provisions of this Part 1 would deprive
the applicant of the reasonable use of such land.
(2)
That the variance would not be materially detrimental
to the purposes and objectives of this Part 1 or to other adjoining
properties, or otherwise conflict with the purpose or objectives of
any plan or policy of the Town.
(3)
That, for reasons fully set forth in the findings
of the local Board of Health, the granting of the variance is necessary
for the reasonable use of the land and, that the variance, as granted
by the local Board of Health, is the minimum variance which would
alleviate the specific unnecessary hardship found by the local Board
of Health to affect the applicant.
B.
In granting any variance, the local Board of Health
shall prescribe and attach any reasonable conditions that it deems
to be necessary or desirable.
Variances may be instituted by filing an application with the local Board of Health, using forms supplied by the local Board of Health, which shall include all information reasonably considered by the Board as necessary to make its findings under § 136-18 above, including, among other things, the legal description of property for which the variance is sought, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to fully describe the conditions for which a variance is sought and all other information reasonably considered necessary by the local Board of Health for an understanding of the conditions of the property for which the variance is sought and the relationship thereof to surrounding properties.
A.
Within 30 days of receipt by the local Board of Health
of a completed application for a variance from the provisions of this
Part 1, the local Board of Health shall give notice by publication
in an official newspaper of the Town of a public hearing to be held
on the variance application, which public hearing shall be held not
less than five days nor more than 30 days after the publication of
said notice. In addition to the publication of the notice of public
hearing, at least 10 days prior to said public hearing, the enforcement
officer shall mail notices of said public hearing to all owners of
properties located within 500 feet of the property for which the variance
is sought. For purposes of said notice by mail, the owners of properties
within 500 feet shall be determined from the latest completed assessment
roll of the Town of Queensbury, and the notices shall be mailed to
said owners at the addresses set forth on said roll.
B.
Within 30 days of the closing of the public hearing, the local Board of Health shall grant, grant with condition or deny the variance applied for. The decision of the local Board of Health shall be in writing and shall contain each of the findings specified in § 136-18 above.
C.
The enforcement officer shall notify the Adirondack
Park Agency by certified mail of any variance grant involving lands
located within the Adirondack Park. Any variance granted or granted
with conditions shall not be effective until 30 days after such notice
to the Adirondack Park Agency. If within such thirty-day period, the
Agency determines that such action involves the provisions of the
Land Use and Development Plan as approved in the Local Land Use Program,
including any shoreline restriction, and that such was not predicated
upon an appropriate statutory basis of unnecessary hardship, the Agency
may reverse the determination of the local Board of Health in granting
the variance.
D.
As part of any determination granting a variance involving
lands within the Adirondack Park, the local Board of Health shall
direct the enforcement officer to issue any appropriate permit in
conformity with its determination and shall state a time by which
the permit shall be issued, in conformity with this Part 1 and the
terms and conditions of the variance granted.
E.
The Board of Health may refer any variance application
to a qualified professional consultant for expert review and recommendation,
and any costs incurred in such review shall be paid to the Town by
the applicant before any variance granted shall be effective.
[Added 11-29-2004 by L.L. No. 11-2004]
Persons adversely affected by an action, omission,
decision or rule by the enforcement officer may appeal such actions
or inactions only to the local Board of Health, which Board shall
render a decision regarding the appeal only after holding a hearing
on the matter.
Unless otherwise stated, all petitions, applications
and appeals provided for in this Part 1 shall be made on forms prescribed
by the enforcement officer. Completed forms shall be accompanied by
whatever further information, plans or specifications as may be required
by such forms.
Fees shall be paid upon the submission of applications
provided for by the terms of this Part 1.
A.
The enforcement officer shall notify the Adirondack
Park Agency by mail of appeal actions. Any application approved or
approved with conditions shall not be effective until 30 days after
such notice to the Agency. If within such thirty-day period, the Agency
determines that such action involves the provisions of the Land Use
and Development Plan as approved in the local Land Use Program, including
any shoreline restriction, and was not based upon the appropriate
statutory basis, the Agency may reverse the enforcement officer's
action.
B.
As part of any decision, the Board shall direct the
enforcement officer to issue any appropriate permit in conformity
with its ruling and shall state a time by which the permit shall be
issued, in conformity with this Part 1.
A.
The filing of an application for a disposal system
building permit represents permission by the applicant for the enforcement
officer and/or other designated person to conduct such examinations,
tests and other inspections of the disposal system site. However,
entrance upon the applicant's property where practicable, shall be
made only after reasonable prior notice to the applicant.
B.
The enforcement officer or his/her designee may inspect
any individual sewage disposal system, including preexisting individual
sewage disposal systems, to ensure that it is being maintained in
proper working order. It shall be unlawful for the owner or occupant
of the property to deny such enforcement officer access to the property
at reasonable times for the purpose of making such inspections. Where
practical, inspections shall be made only after reasonable notice
to the owner or occupant, and 24 hours' notice shall be given where
practical. Where the enforcement officer determines that a system
is not being maintained in compliance with this Part 1, (s)he may
order that use of the system cease and/or that the defects be corrected
and/or the misuse abated within a reasonable time. If the prescribed
action is not taken within the time fixed by the enforcement officer,
in addition to any other remedies provided by law, (s)he may revoke
the use permit, if any, for the system.
[Amended 5-5-1997 by L.L. No. 4-1997]
A.
Any permit issued pursuant to this Part 1 shall expire
within 60 days from the date of issuance thereof unless extension
has been applied for by the applicant at the Department of Building
and Code Enforcement.
[Amended 5-24-1991 by L.L. No. 6-1991]
B.
Unless otherwise provided for in the permit, all permits
shall expire within two years of issuance. Once a permit expires,
and the disposal system is not completed, a new permit application
is required.
