[Adopted 6-11-2019 by L.L. No. 4-2019]
For the purposes of this article, the following definitions
shall apply:
As defined in § 163-5 of the Village Code.
The Village of North Haven Building Inspector, or his or
her designee.
The actual occupied area, not including unoccupied accessory
areas or thickness of walls, except that floor area shall not include
the conversion of an existing space into a livable space, such as
a basement, as long as a septic system upgrade is not required by
the Suffolk County Department of Health Services.
An on-site decentralized wastewater treatment system that,
at a minimum, is designed to result in total nitrogen in treated effluent
of 19 mg/1 or less, as approved by the Suffolk County Department of
Health Services.
A change or upgrade to the existing septic system where the
cost of said change or upgrade equals or exceeds 50% of the cost of
the current system.
A.
An innovative and alternative on-site wastewater treatment system
(1/A OWTS) approved by the Suffolk County Department of Health Services
shall be required for the following projects:
(1)
All new residential construction;
(2)
Any substantial septic system upgrade required by the Suffolk County
Department of Health Services;
(3)
An increase of 25% or more in the floor area of a building;
(4)
Any improvement to an existing residential building that will result
in an increase in gross floor area of the residential building by
1,000 square feet or more;
(5)
Any improvement to an existing residential building that includes
the elevation of a residential building to comply with FEMA requirements;
or
(6)
Any improvement to an existing residential building that will result
in an increase in the number of bedrooms beyond the number of bedrooms
authorized by a permit previously issued by the Suffolk County Department
of Health Services.
B.
In addition, an I/A OWTS approved by the Suffolk County Department
of Health Services shall be required for any new septic system or
substantial septic system upgrade required by the Village.
C.
Notwithstanding the requirements of Subsection B, the provisions of this article shall not be applicable in those cases where the Suffolk County Department of Health Services has determined that an I/A OWTS is not appropriate at a given location due to the physical limitations of the particular site. In those cases, an applicant shall provide a copy of the determination of the Suffolk County Department of Health Services in writing, together with such information as the Building Inspector may require to confirm that the determination was based on the physical limitations of the site and not the scope of the proposed project.
D.
Variances.
[Amended 12-15-2020 by L.L. No. 7-2020]
(1)
The
Village can grant a variance to the homeowner due to economic hardship.
These variance requests will be reviewed by the Village Board of Trustees
and will be based on the following criteria:
(a)
Homeowner must show that they do not qualify for grant monies from
town, county or state.
(b)
Income level of $175,000 or below based on AGI from prior year federal
tax return.
(c)
Variance will only be considered if existing system is failing or
needs to be replaced.
(d)
Board will only consider waiver if the difference in cost between
I/A system and a traditional system is $20,000 or more.
(2)
No
variances will be issued for new construction or major additions (an
increase of 25% or more in the floor area of a building; and any improvement
to an existing residential building by 1,000 square feet or more;
or the property is in the priority area designated by the county and/or
town).
A.
Suffolk County Department of Health Services approval of an I/A OWTS shall be submitted to the Village prior to the issuance of a building permit for any project identified in § 55-24 herein.
B.
The Building Inspector shall not issue a certificate of occupancy or a certificate of compliance for any project identified in § 55-24 above unless said project has received final approval from the Suffolk County Department of Health Services for the installation of the I/A OWTS.
C.
The Building Inspector may, at any time, require a monitoring report,
engineer's report, and/or performance and maintenance report demonstrating
that the proposed system complies with the Suffolk County Department
of Health Services requirements.
D.
Notwithstanding the above, this article shall not be applicable in
those cases where the Suffolk County Department of Health Services
has determined that an I/A OWTS is not appropriate at a given location.
In those cases, an applicant shall provide a copy of the Department's
denial or evidence of the Department's determination in writing.
E.
The applicant shall comply with all local, state, and federal codes
and requirements, including, but not limited to, the New York State
Building Code and the New York State Fire Prevention Code.
A.
Any violation of the provisions of this article shall constitute
a violation, punishable by a fine of not less than $1,000, as well
as remediation of the subject premises to the satisfaction of the
Suffolk County Department of Health Services.
B.
Said remediation efforts shall include, but not be limited to, the
installation of a compliant I/A OWTS pursuant to the Suffolk County
Sanitary Code.
