[HISTORY: Adopted Orangetown Town Board 9-8-1952. Amendments noted where applicable.]
No septic tank, leaching pit, chemical toilet, privy, pipe or other means for disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Orangetown except as herein provided.
[Added 6-11-1984 by L.L. No. 9, 1984]
Definitions. As used in this ordinance, the following terms shall have the meanings indicated:
- CERTIFICATE OF OCCUPANCY
- Documented approval issued by the Building Inspector to permit a building to be inhabited for residential, commercial or industrial purposes.
- HEALTH OFFICER
- The person within the Rockland County Health Department assigned to enforce all Town regulations in protection of the public health.
- ROCKLAND COUNTY HEALTH DEPARTMENT
- The agency directly responsible for assurance that the public health is not endangered by the storage, transport, treatment and disposal of wastewater within the Town of Orangetown, as delegated by the Town Board.
- Wastewater discharged from the sanitary conveniences of dwellings, office buildings, commercial establishments, industrial plants or institutions whose character does not contain more organic matter or have a strength greater than domestic sanitary wasterwater.
- STORM SEWER
- A sewer, channel, culvert or other type of liquid conveyance system used to transport water originating from adverse weather conditions to its ultimate point of disposal.
- Any surface waterway, such as a pond, lake, stream, river or channel within the areas serviced by the Town's treatment plant.
Word usage. "Shall" is mandatory; "may" is permissive.
No installation of any septic tank, leaching pit, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be begun, nor shall the construction or erection of any structure intended for human occupancy be commenced, until an application duly filled out in triplicate by the applicant on forms supplied by the Building Inspector and a drawing showing the intended location of the disposal system proposed to be used in connection with such structure shall have been filed in the Building Inspector's office and approved in the manner hereinafter prescribed.
[Amended 9-14-1964; 10-16-1995 by L.L. No. 25, 1995]
A fee of $25 shall be paid to the Building Inspector simultaneously with the filing of the applications, except that if the application shall be for an installation for which a permit has been obtained from the Rockland County Health Department and which installations will be inspected and approved by the said Rockland County Health Department as hereafter provided, a fee shall be $10. All fees collected shall be the property of the Town of Orangetown.
The Town Board shall appoint a competent Sanitary Officer, who shall be responsible to the Town Board for the performance of the duties hereinafter mentioned, and whose appointment shall be held at the pleasure of the Town Board.
It shall be the duty of the Sanitary Officer:
To receive applications filed with the Building Inspector.
To promptly investigate, before and after installations, any proposed disposal devices indicated in said applications.
To see that the provisions of this regulation are observed.
To issue to the applicant a certificate of approval permitting the use of such installations that conform to the provisions of this regulation.
No such installation shall be covered until it has been inspected and approved.
The Building Inspector shall forward two copies of the application to the Sanitary Officer.
One copy of the application shall be returned to the Building Inspector with a duplicate of the certificate of approval issued by the Officer, in case such certificate of approval is issued and with the reason for declining to issue a certificate of approval provided one is not issued. The third copy of the application shall be given to the applicant with the certificate of approval, or with reasons for declining to issue the same.
If the Sanitary Officer declines to approve any proposed installation, the applicant may appeal to the Town Board whose approval or rejection shall be final and conclusive.
No septic tank, leaching pit, chemical toilet, privy or other device for the storage or disposal of human excreta shall be installed unless every part of such installation shall be more than 10 feet from the boundary line of the property on which it is located and more than 25 feet from any lake, reservoir, stream or watercourse not protected by rules enacted by the State Commissioner of Health; nor shall any such installation be located on the direct line of drainage to not less than 50 feet in a horizontal direction from any well, spring or any source of water supply. Systems located in watersheds of public water supplies must comply with the rules and regulations enacted by the State Department of Health for the protection of such supplies.
No person, firm or corporation, either as owner, lessee or tenant of any property, dwelling, building or place shall construct or maintain any privy, cesspool, sewage disposal system, pipe or drain so as to expose or discharge the contents or other liquid or matter therefrom to the atmosphere or on the surface of the ground, nor so as to endanger any source of drinking water; nor shall any such person, firm or corporation discharge into any watercourse, storm sewer, drain or body of water any sewage or sewage effluent from a cesspool, sewage disposal system, pipe or drain, or any excreta from privy vault or other receptacle for the storage of excreta unless approval in writing for such discharge shall have been issued therefor by the local Health Officer and such discharge shall be made in accordance with the requirements thereof.
All septic tanks, subsurface tile systems and leaching pits shall conform to the rules and regulations of the New York State Department of Health relating thereto as they now exist and may in the future be adopted, amended or modified.
Outdoor pit privies are permissible only where a proper sewer system is not available and in connection with the use of premises for camp use. They shall be flytight, properly ventilated and constructed and maintained in accordance with the recommendations of the Sanitary Officer and the Health Officer.
When the nearby ground water must be protected or leaching systems cannot be utilized, a watertight vault privy, a removable receptacle privy, or a chemical toilet can be used if approved by the Sanitary Officer and adequate facilities are available for proper sanitary maintenance and disposal of wastes.
Nothing contained in these regulations shall be construed to permit the installation or maintenance of disposal facilities which are or may become a nuisance.
The Town Health Officer may at any time by personal inspection determine that existing sewage disposal facilities on a property are inadequate or do not function properly, or that there is not available an adequate supply of water for use in connection therewith. In such cases, he shall notify the owner of said premises in writing of such fact, and a copy of such notice shall be sent to the Building Inspector. Upon receipt of such notice, it shall be the duty of the owner, within 10 days, to make application to the Building Inspector for a permit to reconstruct or alter such disposal system, and to complete such reconstruction or alteration within 30 days after receipt of said notice. Unless such reconstruction or alteration as is required shall have been completed within the said 30 days, it shall be unlawful and improper to use the said premises for human occupancy until such reconstruction or alteration is completed and approved. The fee for a reconstruction or alteration permit shall be the same as that for a new installation, and such work shall be inspected and approved in the manner provided for new installations.
Notwithstanding anything herein contained to the contrary, all permits for installation designed to serve subdivisions as defined in the Orangetown Zoning Ordinance or any property located in a subdivision and all residences of more than two-family and all commercial and industrial installations shall be obtained from the Rockland County Health Department and shall be installed and inspected in accordance with the requirements of the said Rockland County Health Department. No Certificate of Occupancy shall be issued for such installations as are described in this section until approval of the Rockland County Health Department is filed with the Building Inspector. The authority to make the required inspections of these installations and to approve the necessary plans is hereby delegated by the Town Board of the Town of Orangetown to the said Rockland County Health Department.
All installations in one- and two-family houses not in subdivisions as defined in the Orangetown Zoning Ordinance shall continue under the control and jurisdiction of the Town of Orangetown and the Orangetown Sanitary Regulations.
The fee for a new one- or two-family residence is $20 and for the repair of an existing system is $10.
Any violation of this regulation, either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a septic tank, leaching pit, chemical toilet, privy or discharge pipe without compliance with the terms and provisions aforesaid, or any violation of any of the terms and provisions of this regulation is hereby declared to be a misdemeanor and shall render the owner of the land whereon the same was installed or the tenant or the person so installing the same or any other person guilty of a violation thereof and liable to a fine not to exceed the sum of $250 or to imprisonment for a period of not more than 30 days, or both.
[Amended 10-15-1991 by L.L. No. 27, 1991]
A violation of any of the provisions of this ordinance shall constitute a violation against the sanitary regulations of the Town of Orangetown.
[Added 10-27-1958; amended 2-28-1972 by L.L. No. 4, 1972]
All amendments to this regulation shall be in accordance with the provisions of law applicable thereto.
The invalidity of any provision of this regulation shall not invalidate any other provision thereof.
This regulation shall take effect from and immediately after its passage and the publication and posting thereof as required by law.
This regulation shall apply to all the territory within the Town of Orangetown, New York, outside the corporate limits of the incorporated villages within said Town.