[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]
A.
CERTIFICATE OF OCCUPANCY
HEALTH OFFICER
ROCKLAND COUNTY HEALTH DEPARTMENT
SEWAGE
STORM SEWER
WATERCOURSE
Definitions. As used in this ordinance, the following terms
shall have the meanings indicated:
Documented approval issued by the Building Inspector to permit
a building to be inhabited for residential, commercial or industrial
purposes.
The person within the Rockland County Health Department assigned
to enforce all Town regulations in protection of the public health.
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.
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.
B.
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.
A.
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.
B.
It shall be the duty of the Sanitary Officer:
(1)
To receive applications filed with the Building Inspector.
(2)
To promptly investigate, before and after installations,
any proposed disposal devices indicated in said applications.
(3)
To see that the provisions of this regulation are observed.
(4)
To issue to the applicant a certificate of approval permitting
the use of such installations that conform to the provisions of this
regulation.
C.
No such installation shall be covered until it has been
inspected and approved.
D.
The Building Inspector shall forward two copies of the
application to the Sanitary Officer.
E.
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.
A.
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]
B.
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.
