It shall be unlawful for any person to place,
deposit or permit to be deposited in any unsanitary manner on public
or private property within the boundaries of the sewer district or
in any area under jurisdiction of the sewer district any human or
animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural
outlet within the boundaries of the sewer district any wastewater
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this Part 3 or
state law.
Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic tank,
cesspool, leach field or other facility intended or used for the disposal
of wastewater.
[Amended 11-18-1991 by L.L. No. 17-1991; 9-26-2005 by L.L. No. 3-2005]
The owner(s) of all houses, buildings or other structures and any properties used for human occupancy, employment, recreation or other purposes situated within the sewer district and located within 250 feet of a public sanitary sewer of the sewer district is (are) hereby required, at the owner's expense, to install suitable sanitary facilities therein and to connect such facilities directly with the public sewer within one year, in accordance with the provisions of this Part 3, unless a greater distance or an earlier date is mandated by the New York State Health Department or unless there are substantial physical obstructions, in which case the owner(s) may appeal to the Queensbury Town Board, whose decision shall be final and binding. After one year such properties shall be deemed to be connected to and using the public sewer, and the owner(s) of such properties shall be charged the full and usual sewer rents, assessments and taxes as if the properties were actually connected to and using the public sewer unless a variance or waiver has been granted as provided in § 136-44.1.
[Added 11-18-1991 by L.L. No. 17-1991]
A.
Variances or waivers authorized. The Town Board of the Town of Queensbury is hereby authorized, upon request, to waive the sewer connection requirement of § 136-44 hereof or vary the time in which such connection must be made, provided that the following standards and criteria or conditions are met or demonstrated, and provided further that the following procedure is followed.
B.
Variance or waiver request. Requests for variances or waivers from said § 136-44 shall be made in writing by the person, corporation, partnership or association having fee title ownership to the building and real property for which the variance or waiver is requested. If there is more than one owner, all owners must join in the request. Such request shall be submitted to the Town Clerk for the Town of Queensbury and shall provide the following information, the furnishing of which may be waived by the Board:
(1)
The names and addresses of all owners of the
building(s) and real property for which the variance or waiver is
requested.
(2)
The post office address, street address and
the map number of the subject property.
(3)
The estimated distance, in feet, from the building
to the Town sewer pipeline to which connection is required.
(4)
A statement as to whether any physical obstructions
exist which may make the connection difficult or impossible.
(5)
If the cost of connection is provided as a basis
for the variance or waiver requested, the estimated cost of the connection.
(6)
A description of the current sewage disposal
system providing sewage service to the premises, with a statement
as to whether the same is currently properly functioning.
C.
Variance or waiver procedure and criteria for Town
Board decision thereon.
(1)
The Town Clerk of the Town of Queensbury, upon receipt of a written request for a variance or waiver from the provisions of § 136-44 hereof, shall present the same to the Town Board of the Town of Queensbury at the next regularly scheduled Town Board meeting following receipt, provided that such request is received at least two full business days prior to said meeting. In the event that such request is not received by the required time period, the Town Clerk shall submit the same to the Town Board at its next or second regularly scheduled Town Board meeting following receipt of the request, with such submission date to be determined by the Town Supervisor.
(2)
Upon presentation of the request for a variance
or waiver, the Town Board shall set a date for a hearing upon the
request, which hearing date shall be not more than 90 days from the
date the request is presented to the Town Board. The hearing shall
be on written notice to the applicant, and said applicant shall be
entitled to a maximum of 10 days' written notice. The notice may be
waived by the applicant by affirmative action or appearance at the
time and place of the hearing. By application for the variance, the
applicant agrees to the use of the United States Postal Service for
service of all written communications between the Town Board and the
applicant. Notice shall be deemed to have been given to the applicant
when the same is mailed by appropriately wrapping, addressing and
placing the appropriate postage on the same and depositing the same
in a United States Postal Service receptacle for mail pickup or given
to an appropriate United States Postal Service employee.
(3)
At the hearing, the applicant may be represented
by an attorney and shall be given the opportunity to speak to the
Town Board and present any written or other evidence, including that
consisting of the testimony of an expert or other witnesses that the
applicant feels is supportive of the application for a variance or
waiver. The Town Board shall have the opportunity to ask any questions
or request such other evidence or information that it feels is relevant
to the applicant's request.
(4)
In granting a variance or waiver, the Town Board
may consider one or all of the following circumstances:
(a)
The distance from the building to the Town sewer
pipeline to which connection is required.
(b)
The cost of the connection.
(c)
The existence or nonexistence of any physical
obstructions.
(d)
The financial loss to be sustained by the property
owner in the event of nonuse of the current system.
(e)
Whether the current sewage disposal system is
properly functioning.
(f)
Whether any rights-of-way or easements are needed
in order for the applicant to make the connection to the Town sewer
system.
(g)
Whether strict application of the connection requirement of § 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of this Part 3 or the property and the district in which the property is located or otherwise conflict with the description or objectives of the plan or policy of the Town and that the interests of justice are served.
(5)
In the event that the Town Board finds any or
all of the above circumstances or conditions, the Town Board may grant
the following relief:
(a)
In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than 250 feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which a sewer line must pass in order to connect to the Town sewer system, and the property owner is willing to pay the full and usual sewer rents, assessments and taxes accruing against the property, the Town Board may grant a temporary waiver from the requirement that the subject property be connected, provided that the sewage disposal system currently serving the property is operational in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations. Such waiver shall be effective for one or two years as the Town Board may determine is appropriate. Prior to the expiration of the waiver, the property owner may reapply for a further variance or waiver on any of the grounds set forth herein, including the original grounds for which a waiver was requested. If the property owner fails to reapply for a further variance or waiver or such an application is denied, the property shall be deemed to be connected to and using the public sewer, and the owner of such property shall be charged the full and usual sewer rents, assessments and taxes as if the property were actually connected to and using the public sewer as provided in § 136-44.
[Amended 9-26-2005 by L.L. No. 3-2005]
(b)
In the event that circumstances giving rise
to the request are due to excessive costs of connection, the financial
loss to be sustained by the property owner in the event of nonuse
of the current system or another specified difficulty which makes
it difficult or impractical for the applicant to connect to the Town
sewer system and the applicant is willing to pay the full and usual
sewer rents or taxes accruing against the property, the Town Board
may grant an extension of time, not exceeding two years, in which
to connect to the Town sewer system, provided that the sewage disposal
system currently serving the property is operational, in accordance
with the Town of Queensbury laws and regulations and appropriate New
York State agency rules and regulations. Prior to or after the expiration
of the extension of time provided by the Town Board, the applicant
may reapply for a further variance or waiver on any of the grounds
set forth herein, including the original grounds for which a variance
or waiver was requested.
(6)
The Town Board shall have 60 days from the date
of the hearing in which to render its decision, which shall be rendered
by resolution adopted by majority vote of the entire Town Board. A
copy of the resolution shall constitute the decision and shall be
mailed to the applicant following the meeting at which the same is
adopted.
(7)
In the event that the applicant wishes to appeal
or have the decision of the Town Board reviewed, the appeal or request
for review shall be made to the Supreme Court of the State of New
York within the time period and in accordance with the rules and procedures
set forth in Civil Practice Law and Rules Article 78. Other than this
right of appeal or review, the applicant shall have no other legal
recourse and the Town Board. The Town of Queensbury shall bear no
monetary liability in connection with any grant or denial of a waiver
or variance in connection with this section.
