This chapter shall be known as the "Individual On-Site Wastewater Treatment System Law of the Town of Farmington."
The purpose of this chapter is to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of its inhabitants, by regulating on-site wastewater treatment systems so that human sewage and other wastes are disposed of in a manner that will not create a health hazard, adversely affect the environment, create a nuisance, or impair the enjoyment or use of property.
Enactment of this chapter is pursuant to Article 2 of Municipal Home Rule Law and Article 3 of the Public Health Law.
In addition to the definitions contained in the New York State Public Health Law and the Uniform Fire Prevention and Building Code, which are incorporated herein by reference, the following words and terms shall be defined as follows:
ADEQUATELY FUNCTIONING
A wastewater treatment system inspected pursuant to § 126-20 of this chapter that is determined by the authority having jurisdiction as not posing a public health threat by virtue of aboveground seepage, or contamination of surface water or groundwater. For the purpose of this chapter, an "adequately functioning" system shall always include a watertight vessel.
AUTHORITY HAVING JURISDICTION
The Code Enforcement Officer, or other official(s) designated by the Town of Farmington Town Board, or other regulatory agency, having the responsibility to enforce the provisions of this chapter.
CHANGE OF USE
A use of land with an associated building and wastewater treatment system that is modified so as to likely cause an increase in hydraulic loading (e.g., change from an existing commercial use to residential use; change of an existing residential use to commercial use; change of a commercial use to a different type of commercial use). A change of use shall also include the removal and replacement of a manufactured or mobile home dwelling.
CLUSTER SUBDIVISIONS
Clustering, as defined in Chapter 144, Article I, § 8 of the Farmington Town Code.
CODE ENFORCEMENT OFFICER
The town official as is further defined in Chapter 165, Article II, § 165-9B of the Farmington Town Code.
CONVEYANCE OF REAL PROPERTY
The transfer of the title of real estate from one to another, in the form of a deed or other legal instrument, filed in the Office of the Ontario County Clerk.
DESIGN PROFESSIONAL
A person licensed or registered in the State of New York and authorized by New York State Education Law to design the systems described in 10NYCRR Appendix 75-A.
LOCAL GOVERNING BODY
The municipal corporation charged with authority to act as the local Board of Health as defined by New York State Public Health Law.
MINOR ALTERATIONS
Routine maintenance and repairs to the on-site wastewater treatment system, including but not limited to the following: replacement of septic tank covers or baffles, replacement of distribution box covers, replacement of cracked pipes, pumping of the septic tank, and replacement of mechanical pumps and devices. "Minor alterations" shall not include replacement of a septic tank, distribution box, or any addition, alteration or rearrangement of water distribution or drainage piping. Like examples of "minor alterations" not specifically listed in this definition shall be determined by the authority having jurisdiction.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site requiring the installation of a wastewater treatment system and currently not utilizing the same.
ON-SITE WASTEWATER TREATMENT SYSTEM
A complete system of piping, watertight vessels or other facilities for the on-site collection, transport and treatment of sewage.
ON-SITE WASTEWATER TREATMENT SYSTEM PERMIT
A written permit issued by the Code Enforcement Officer.
SEWAGE
The combination of human and household waste with water which is discharged to the plumbing system, including the waste from a flush toilet, bath, shower, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any fixture, equipment or machine.