[HISTORY: Adopted by the Town Meeting of the Town of Bethlehem 5-15-1997; amended in
its entirety 2-15-2023. Subsequent amendments noted where applicable.]
Any term not specifically defined in this section shall use
the definition of the Connecticut State Building Code.
Any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let, or hired
out to be occupied, or that are occupied for living purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Two or more dwelling units.
A system consisting of a house sewer; septic tank followed
by a leaching system, any necessary pumps and siphons, and any groundwater
control system on which the operation of the leaching system is dependent.
On or after the effective date hereof, where a subsurface sewage
disposal system is required, no single-family dwelling shall be constructed
in the Town of Bethlehem on any piece or parcel of land unless either:
A.Â
On or after the effective date hereof, where a subsurface sewage
disposal system is required, no multifamily dwelling shall be constructed
in the Town of Bethlehem unless:
(1)Â
The density of the development will be no greater than one dwelling
unit per 1Â 1/2 acres, exclusive of wetlands and watercourses,
as defined in C.G.S. § 22a-38, as amended, and of which
at least one contiguous acre per dwelling unit shall contain no slope
in excess of 25% original grade; or
On or after the effective date hereof, where a subsurface sewage
disposal system is required, no commercial, industrial, institutional
or any other structure or land use that is not a single-family or
multifamily dwelling shall be constructed in the Town of Bethlehem
on any piece or parcel of land unless and until a special subsurface
sewage disposal system permit has been issued in accordance with this
chapter.
Any person, as defined in C.G.S. § 1-1(k), as amended,
owning an interest in any land in the Town of Bethlehem may, with
the written consent of the owner of record title to said land, file
an application with the Bethlehem Planning Commission for a special
subsurface sewage disposal system permit.
A.Â
The Bethlehem Planning Commission shall review and decide upon any
application for a special subsurface sewage disposal system permit
in accordance with standards set forth in, and a renovation analysis
completed in accordance with, the Connecticut Department of Energy
and Environmental Protection's "Guidance for Design of Large
Scale On Site Wastewater Renovation Systems," dated 2006, as it may
have been subsequently revised. In determining whether the proposed
subsurface sewage disposal system complies with those standards, the
Commission shall seek input from a Connecticut-licensed professional
engineer of its choosing. Particular attention shall be paid to phosphate
sorption, nitrogen dilution, bacteria die-off, virus inactivation,
and potential groundwater impacts at any area of interest, which may
include property lines, wetlands, watercourses, culverts, swales and
subsurface drains. Prior to conducting any testing or data collection
required for the renovation analysis, the applicant must provide notice
of a minimum of 10 business days to the Commission's chosen engineer
to allow that engineer to observe all pertinent data collection efforts,
including but not necessarily limited to deep test pits, borings,
standpipes, piezometers, topographic measurements and permeability
measurements. The renovation analysis must be certified by a Connecticut-licensed
professional engineer hired by the applicant.
B.Â
If the application satisfies the standards contained in said analysis, the Commission's engineer shall so advise the Bethlehem Planning Commission. If the application fails to meet the standards contained in said analysis, the Commission's engineer shall notify the First Selectman, the Building Official and the Bethlehem Planning Commission. The Commission shall act upon the application within 65 days after the date of receipt of the engineer's report. For the purposes of this chapter, the term "date of receipt" shall have the meaning set forth in Section 8-7d(c) of the Connecticut General Statutes. The Commission may grant, grant with conditions, or deny the application for a special subsurface sewage disposal system permit depending upon the extent to which it finds the application consistent or inconsistent with the provisions of this § 109-5. The Commission may place conditions on the approval of any application if it finds that such conditions are reasonably necessary or appropriate to protect groundwater quality and to assure compliance with the standards set forth in Subsection A above.
C.Â
The Building Official shall not issue a building permit until compliance
with said standards is obtained.
For the purposes contained herein, said Bethlehem Planning Commission
and the applicant for a special subsurface sewage disposal system
permit hereunder shall follow the procedures set forth in Section
2 of the Subdivision Regulations of the Town of Bethlehem, as may
be amended from time to time, except that, as used in the context
of this chapter, "subdivision" in said regulations shall mean "special
subsurface sewage disposal system permit"; "Planning Commission" and
"Commission" in said regulations shall mean "Bethlehem Planning Commission";
"Town of Bethlehem" and "Town" in said regulations at Section 2.3.2
shall mean "Bethlehem Planning Commission"; and "by resolution" in
said regulations shall mean "in its determination." Further, as used
in the context of this chapter, Subsections 2.3.4, 2.4.2.C.iii, 2.4.2.C.iv
and 2.4.2.C.v of said Subdivision Regulations shall not apply.
A.Â
Construction of a single-family dwelling on a subdivision lot containing
less than 1Â 1/2 acres, as aforesaid, which subdivision lot was
approved by the Bethlehem Planning Commission between the effective
date of the Subdivision Regulations for the Town of Bethlehem (March
13, 1955) and the original effective date of this chapter (May 15,
1997), shall be exempt from the operations of this chapter. Exemption
from the Planning Commission does not exempt you from Bethlehem Inland
Wetland Agency and/or Local Health Authority.
B.Â
The Planning Commission, at its discretion, may forego Chapter 109 of this Code if only the septic tank is being replaced, and no other alterations to the system are being made.
C.Â
Performance of work to a residence where only a replacement of facilities
or appurtenances of the property is performed. Examples include roofing,
windows, siding, outdoor stairs, decks, etc. This exception would
be valid only if there is no increase in the area to the building.
The Board of Selectmen is authorized to enforce the terms of
this chapter by notice, cease and desist order, court order or such
other lawful means as the said Board of Selectmen may possess.
The application fee for a special subsurface sewage disposal
system permit under this chapter shall be $2,000 per subsurface sewage
disposal system or the actual cost of review (including, but not limited
to engineering design and construction plan review costs), whichever
is greater at the time the application is received, payable to the
Town of Bethlehem. No application shall be complete, and no permit
shall be issued until the application fee is paid in full.
Where a subsurface sewage disposal system is necessary on lots, parcels or pieces of property not explicitly exempted by § 109-7 of this chapter, any activity requiring a permit under the Connecticut state building code shall not take place unless a special subsurface sewage disposal system permit is issued by the Bethlehem Planning Commission in accordance with §§ 109-4 through 109-6 of this chapter. In addition, any use that may change the character or volume of wastewater to be discharged or decreases the area available for sewage disposal shall be subject to the requirements of this section.
