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.
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.
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.