Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Monroe 8-6-1973 by Local Law No. 4-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Performance bonds — See Ch. 36.
Water systems, communal — See Ch. 54.
Zoning — See Ch. 57.
Subdivision of land — See Ch. A65.

§ 41-1 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
COMMUNAL SEWERAGE SYSTEM
A system serving more than one lot or dwelling unit, constructed and installed after the effective date of this local law, utilized for the collection and disposal of sewage or other wastes of a liquid nature, including the various devices for the treatment of such wastes and the discharges thereof.
GARDEN APARTMENT PROJECT
A housing development where a number of dwelling units are constructed and operated as a single project, which may include the construction of streets and the installation of utilities. The houses may include one-family, two-family and multifamily dwellings either attached or detached.
INDIVIDUAL SEWERAGE SYSTEM
A single system of pipes, tanks, leaching fields or other facilities serving only a single lot or dwelling unit and disposing of sewage or other liquid wastes into the soil.
PERSON
Any person, firm, corporation, association or legal representative acting individually or jointly, including any transportation corporation.
PLANNED UNIT DEVELOPMENT
A grouping of residential dwelling units combined with and serviced by certain commercial service establishments constructed as a single unit in accordance with an approved overall development plan as provided for in the Zoning Law of the Town of Monroe.
SUBDIVISION
A tract of land which is hereafter divided into five or more lots or parcels along an existing or proposed street, highway, easement or right-of-way for sale or for rent as residential lots or residential building plots, regardless of whether the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.

§ 41-2 Communal sewerage system required; exceptions.

A. 
Communal sewerage systems shall be required:
(1) 
In any garden apartment project or planned unit development regardless of its location within the town.
(2) 
When a proposed subdivision which it will serve is located within the bounds of Orange County Sewer District No. 1 regardless of the number of dwelling units in the subdivision. However, when the proposed subdivision is to be located within the secondary zone of the Orange County Sewer District No. 1, before such zone is actually serviced by a sewage collection and treatment system, individual sewerage systems may be permitted, if otherwise consistent with this section and local law.
(3) 
When the soil percolation rate for any lot, whether or not located in a proposed subdivision, is 60 minutes per inch or greater.
(4) 
When a proposed subdivision consists of 50 lots or more regardless of the subdivision location within the town.
(5) 
When a proposed subdivision is designed to initially accommodate 75 or more dwelling units in the aggregate regardless of the actual number of lots in the subdivision or its location in the town.
(6) 
When a minimum separation of two feet cannot be maintained on any lot, whether or not in a subdivision, between the lowest part of a leaching system and the highest elevation of the top of the zone of water saturation, ledge rock, hardpan or other impermeable material at all times of the year.
B. 
An individual sewerage system may be permitted, if otherwise consistent with this local law, in all situations where a communal sewerage system is not required. No individual sewerage system shall serve more than one lot nor shall such a system serve a garden apartment project or a planned unit development.

§ 41-3 Approval of plans, maps and specifications.

No person, firm, corporation or association shall make, install, construct, extend, modify or operate, or allow to be made, installed, constructed, extended, modified or operated a communal or individual sewerage treatment system until maps, plans and specifications for such systems, prepared by an engineer duly licensed by the State of New York, shall have been first submitted to the Town Engineer in duplicate and approved by him. The Town Engineer's approval shall be endorsed upon all such maps, plans and specifications submitted to him, and such endorsement shall be evidence of such approval. Approval pursuant to this section shall not be granted in regard to communal sewerage systems prior to compliance with § 41-9 of this local law.

§ 41-4 Construction and installation standards.

All plans submitted for approval shall at least conform with the applicable provisions of the New York State Department of Environmental Conservation standard for waste treatment works, as amended from time to time. The Town Engineer shall use such standards for approval or disapproval of such plans. However, in the event that the Planning Board or the Town Board of the Town of Monroe shall require greater or stricter standards as a condition of subdivision or planned unit development approval, such standards shall govern. All sewerage systems shall be installed and constructed in accordance with the plans, maps and specifications as approved by the Town Engineer. Nothing contained in this section shall be construed to be a waiver of whatever other approval is necessary for such systems from any department, bureau or agency of the United States of America, New York State or Orange County.

§ 41-5 Right of entry.

The Town Engineer or anyone under his supervision or anyone designated by the Town Board, upon the showing of the proper credentials and in discharge of his duties, may enter upon the site upon which any sewerage system or extensions thereof is being installed, constructed, extended or modified at any reasonable hour of the day for the purpose of making inspections thereof.

§ 41-6 Inspections authorized.

The Town Engineer or anyone under his supervision or anyone designated by the Town Board is hereby authorized to conduct such inspections of the site or sites upon which any sewerage system or extension thereof is located or is being installed or constructed, from time to time as he may deem necessary, for the purpose of seeing that the installation or construction of such a system or extension is in conformity with the maps, plans and specifications submitted and approved pursuant to this local law, or that such system is being maintained and operated and is functioning as required by this local law.

§ 41-7 Stop orders.

Whenever the Town Engineer has reasonable grounds to believe that the installation, construction or extension of any sewerage system is not in conformity with the maps, plans and specifications approved by him, he shall notify the owner or the owner's agent, or the person, firm or corporation performing the installation, construction or extension of such a system and order all such installation and construction of such system stopped, and any such person shall forthwith stop all such installation, construction or extension until such stop order has been rescinded. Such notice and order shall be in writing, may state the conditions, if any, upon which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the site upon which such sewerage is located, or sending a copy thereof by ordinary mail to his last known address.

§ 41-8 Revocation of approval.

The Town Engineer may revoke approval of any maps, plans and specifications previously granted pursuant to § 41-3 of this local law where he finds there has been any false statement or misrepresentation as to a material fact in the maps, plans and specifications or any other data submitted therewith, or where the person or persons to whom a stop order has been issued fails or refuses to comply with such order, or where he finds that the approval was granted in error and should not have been so granted.

§ 41-9 Offer of dedication of system to town.

A. 
At a time prior to approval by the Town Engineer of the maps, plans and specifications for a communal sewerage system that is located outside the bounds of Orange County Sewer District No. 1 or any extension thereto, title to the realty upon which said system is located, together with title to the mains, pumps and treatment works, and all other items necessary to its operation shall be irrevocably offered to the town without cost to the town. Such an offer shall be made by filing with the Town Clerk a written offer of dedication acceptable in form to the Town Board and the Town Attorney.
B. 
In regard to any communal sewerage system that is located within the bounds of Orange County Sewer District No. 1 and which is proposed to be completed and in operation prior to the active administration and operation of such district by the county, title to the pipes, pumps, mains and other items that comprise the collection facilities of such system shall be irrevocably offered to Orange County or to the town on behalf of the County of Orange without cost to the county or the town. Such an offer shall be made by filing with the Town Clerk a written offer of dedication acceptable in form to the Town Board and the Town Attorney.

§ 41-10 Sewer districts.

A. 
The owner or owners of real property within a subdivision or garden apartment project or planned unit development to be served by a communal sewerage system or extension thereof located outside of Orange County Sewer District No. 1 shall, at a time prior to approval of the plans, maps and specifications thereof, present a petition to the Town Board pursuant to the applicable provisions of the Town Law for the formation of a sewer district to include the subdivision or garden apartment project or planned unit development or extension thereof, and for acquisition by the town of the completed communal sewerage system.
B. 
No such district shall be created when the communal system is located within the bounds of the Orange County Sewer District No. 1 except as may be consented to by the County of Orange. If such a district is formed wholly or partially within the bounds of the Orange County Sewer District No. 1, it shall be deemed dissolved upon actual operation of the collection and treatment facilities serviced by said Orange County Sewer District No. 1.

§ 41-11 Acceptance of system by town.

At a time when the Town Board shall determine that it is in the public interest to do so or upon a default in the performance or maintenance standards required by this law, the Town Board may by resolution accept the offer of dedication of any communal sewerage system and set a date at which time the town will actually take possession and control of such system or extension thereof or both.

§ 41-12 Title required on delivery.

Upon such a taking, the owner of any sewerage system or extension thereof shall deliver to the town good and marketable title thereto subject only to those covenants, restrictions and reservations which are of record. The owner of the sewerage system shall furnish at his expense such searches of title or title policy and surveys as may reasonably be required by the Town Attorney.

§ 41-13 Maintenance and operation standards.

After a communal sewerage system or extension thereof has been installed and is in operation, and prior to the acceptance by the town of an offer of dedication required by this local law, such system and any extensions thereof shall be maintained and operated in good working order by a properly qualified operator, and shall function in such a manner so as not to jeopardize the health and safety of anyone who is serviced by such system or the community in general. If, in the judgment of the Town Engineer or any agency, bureau or department of the County of Orange, State of New York, or United States of America, which has similarly reviewed and approved the plans and specifications for such communal system, such a system or extension thereof is not operated and maintained as required hereby, the Town Engineer shall forthwith notify the owner of such system or his agents or the operator thereof of that fact and shall order such owner, agent or operator to remedy any defect and/or maintain and operate the system as required hereby. Such notice and order shall be in writing and served upon such owner, agent or operator personally or by mailing the same by ordinary mail to his last known address or by posting the same at the site of the communal sewerage system treatment works. If such order is not complied with within 10 days from the date of its service, the Town Engineer shall so report to the Town Board. Thereupon, the Town Board shall act as authorized by this local law.

§ 41-14 Performance and maintenance bonds.

A. 
Any person, firm, corporation or association who shall construct or extend or cause to be constructed or extended a communal sewerage system shall, prior to approval of the plans, maps and specifications therefor, post a performance bond with the Town Board to secure the proper installment and construction of such system covering the cost of such system as estimated by the Town Engineer. The maximum term of such bond shall be three years, but may be extended upon petition to the Town Board. Such performance bond may form a part of the performance bonds required by the Town of Monroe Planning Board or Town Board posted as a condition of subdivision or planned unit subdivision or planned unit development approval.
B. 
Such bond or other bonds shall also secure the proper maintenance and operation of the system for a period of five years from the completion of such system. A system shall be deemed complete when it services all those intended to be served as indicated in the approved plans or a period of three years has elapsed from the time the system first gave service to a structure or dwelling, whichever event shall first occur. The amount of such maintenance bond shall be equal to 10% of the performance bond.
C. 
Upon the completion of any sewerage system or extension thereof, the Town Engineer shall make a final inspection of such system or extension, and he shall report to the Town Board whether or not in his judgment the system is installed and constructed in conformity with the maps, plans and specifications as approved by him. If the system is in conformity with such maps, plans and specifications, the Town Board, by resolution, shall release the performance bond.
[Amended 11-1-1976 by L.L. No. 5, 1976[1]]
[1]
Editor's Note: This local law provided that former Subsection C of this section be deleted and that Subsection D and E be redesignated as Subsections C and D, respectively.
D. 
In the event that the Town Engineer shall find that the system has not been installed and constructed in accordance with the maps, plans and specifications approved by him or does not perform properly, the Town Engineer shall notify the owner or his agent or the operator of the system, or, in regard to an individual system, the person who installed or constructed the system or caused the same to be installed or constructed, in what respect the installation and construction of the system does not so conform. If, after the giving of notice, the defects are not corrected within a reasonable time, the Town Board may act as authorized by this local law. If the system does so conform, the Town Board shall, by resolution, release the performance bond.

§ 41-15 Procedure for default in performance of operation.

In the event that a sewerage system shall not be operated or maintained properly as required by this local law after the Town Engineer has given notice of such failure, or in the event that a sewerage system has not been installed or constructed in conformity with the maps, plans and specifications as approved by the Town Engineer in regard to an individual sewerage system, or it does not perform properly under the use for which it was designed, and such defects are not corrected as required by this local law, the Town Board shall adopt any one or all of the following procedures:
A. 
By resolution, declare to be in default any bond posted as required by this local law and may collect the sum remaining payable thereunder and shall use such sum to complete the system, correct any defects therein or to operate the same.
B. 
By resolution, accept the offer of dedication required for communal sewerage systems and go into actual possession and control of the same.
C. 
By resolution, authorize the correction of any defect in such system by the town, the cost and expense of which shall be chargeable to the owner, operator or the person who installed or caused the system to be installed.

§ 41-16 Waiver or modification of provisions.

The provisions of this law may be waived or modified upon a written application by any interested party to the Town Board of the Town of Monroe. Before a waiver or modification shall be allowed, there shall be a sufficient showing to the Town Board that such is justified, and that the public health, safety and welfare of the community will not be jeopardized by such a waiver or modification.

§ 41-17 Penalties for offenses.

It shall be unlawful for any person to make, construct, install, operate or allow to be made, constructed, installed or operated any communal or individual sewerage system in violation of any provisions of this local law. Any such violation shall be punishable by a fine not exceeding $250 or imprisonment for not more than 15 days, or both, for each violation. Any violation that continues to exist after the Town Engineer has given notice of such violation and notice to correct the same shall be considered a separate and distinct violation for each day that such violation shall exist after the time fixed by the Town Engineer to remedy the same. Nothing in this section of this local law shall be construed to prevent the town from instituting a civil action to compel compliance with or restrain or enjoin any violation of this local law.