[HISTORY: Adopted by the Suffolk County Legislature 5-16-2017 by L.L. No. 15-2017. Amendments noted where applicable. Uncodified sections
of local laws amending these provisions are included as an attachment
to this chapter.]
As used in this article, the following terms shall have the
meanings indicated; and words of the masculine gender shall mean and
include correlative words of the feminine and neutral genders; and
words importing the singular number shall mean and include the plural
number and vice versa:
A secondary dwelling unit established in conjunction with
and clearly subordinate to the primary dwelling, whether as a part
of the same structure as the primary dwelling unit, or as a detached
dwelling unit on the same lot.
[Added 12-18-2018 by L.L.
No. 2-2019]
The Commissioner of the Suffolk County Department of Health
Services.
The Suffolk County Department of Health Services.
A professional engineer or registered architect licensed
by the New York State Education Department.
A property owner or qualifying tenant that has been approved
for a grant by the Sewer Infrastructure Committee.
[Amended 12-18-2018 by L.L. No. 2-2019]
An on-site decentralized wastewater treatment system that
meets the requirements and standards for nitrogen removal as set forth
in the Sanitary Code.
A manufacturer, dealer or seller of innovative and alternative
on-site wastewater treatment systems that have been approved for use
by the Department in accordance with the Sanitary Code, who, in addition,
whether directly or through contracted services, provides comprehensive
installation of such systems in accordance with all state and local
laws and regulations.
A natural person, firm, partnership, corporation, trust,
trustee, association, company or other legal entity capable of owning
real property who is the current record owner in fee or qualifying
tenant of the residence for which a grant application is made. An
owner in fee shall include a fee subject to a life estate.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
A person, firm, partnership, corporation, trust, trustee,
association, company or other legal entity capable of owning an interest
in real property that is entitled to nonrevocable legal possession
of the residence for which a grant application is made by virtue of
a written lease, judicial decree or equivalent legal instrument and
where such person, firm, partnership, corporation, trust, trustee,
association, company or other legal entity is solely responsible for
the provision, cost, and maintenance of on-site wastewater disposal
for the residence for which a grant application is made.
[Added 12-18-2018 by L.L.
No. 2-2019]
An existing dwelling unit that is constructed on a residential
parcel and designed for, in compliance with the relevant local town
or village code or the Sanitary Code, single-family occupancy, two-family
occupancy, or single-family occupancy with one accessory apartment.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
Any parcel located wholly or partially in the County of Suffolk,
which may legally be used for permanent residential purposes under
the local town or village code, as the case may be, or the Sanitary
Code.
[Amended 12-18-2018 by L.L. No. 2-2019]
The Suffolk County Sanitary Code, and any duly enacted amendments
thereto.
The Suffolk County Sewer Infrastructure Committee established in accordance with Local Law No. 44-2011, § C12-2D(4) of the Suffolk County Charter.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
A.
The Department is hereby authorized, empowered and directed to establish a grant assistance program to be known as the "Residential Innovative and Alternative On-Site Wastewater Treatment System Grant Assistance Program" (the "Residential Septic Incentive Program" or "the Program") to provide funding assistance (the "grant") to eligible residential property owners for the purchase and installation of an I/A OWTS, and in the case of a qualifying low- to moderate-income household as set forth in § 839-4B below, for the design, purchase, an installation of an I/A OWTS.
B.
Funds for the Program may be appropriated in Fiscal Year 2017 through Fiscal Year 2021 pursuant to Charter § C12-2D(3). Such funds, when appropriated, shall be dedicated to the Program exclusively for grants and deemed to be used even if not expended in the fiscal year appropriated. Such funds shall be deposited by the Suffolk County Comptroller in a nonlapsing account for the Program consistent with this article. No grant approved shall exceed $15,000 or $25,000 as set forth in § 839-4 below, per residence.
A.
The Program shall be administered by the Department. The Commissioner
is authorized, empowered and directed to promulgate such rules and/or
regulations as may be necessary to carry out the intent of this article
and to govern the administration and functions of the Program.
B.
The County Executive and the County Executive's designee(s) are hereby further authorized, empowered and directed to execute and deliver, on behalf of the County, such other agreements, instruments or authorizations, and to perform all acts as may be contemplated, necessary or advisable to consummate, or otherwise give full effect to this article, any grant agreement executed pursuant to § 839-7, and any agreement, instrument or authorization approved, contemplated or authorized by any rule or regulation promulgated pursuant to this article.
C.
The County Comptroller and the Comptroller's designees are hereby further authorized, empowered and directed to take all actions to create such funds or open such accounts, make deposits and transfers, approve and make payments, execute and deliver other agreements, instruments or authorizations and perform all acts as may be contemplated, necessary or advisable to consummate, or otherwise give full effect to this article, any grant agreement executed pursuant to § 839-7, and any agreement, instrument or authorization approved, contemplated or authorized by any rule or regulation promulgated pursuant to this article.
D.
Pursuant to Charter § C12-2D(4)(b), the Sewer Infrastructure Committee is authorized, empowered and directed to promulgate such rules and/or regulations as may be necessary to carry out the administration and functions of the Program pursuant to § 839-5.
[Amended 12-18-2018 by L.L. No. 2-2019]
A.
Geography. Subject to the provisions of § 839-5A and B, a property owner residing in any area of the County may submit an application for a grant to install a system; provided, however, the Commissioner may authorize, in his sole discretion, preferential review of an application for a grant before all other submitted applications if the grant application is for a residence in an area specified by the Department as set forth in § 839-3A as environmentally sensitive.
B.
Grant amount. Subject to the provisions of Subsection A of § 839-3, and all other provisions of this article, applicants are eligible to receive a grant in the amount of up to $15,000; however, an applicant is eligible to receive a grant in the amount of up to $25,000 where the combined gross household income of all of the property owners of the residence is less than or equal to 80% of the most current area median income ("low- to moderate-income household") as established by the United States Department of Housing and Urban Development. In determining whether an applicant is eligible to receive a grant as a low- to moderate-income household, the Department shall determine the sum of the federal adjusted gross income of all property owners unless an applicant can adequately demonstrate that a property owner does not reside within the residence.
[Amended 12-15-2020 by L.L. No. 4-2021]
A.
An application for a grant to install a system may be made by any property owner within the County of Suffolk, except as set forth in Subsection B of this section, in a form determined by the Department, for a residence that:
[Amended 12-18-2018 by L.L. No. 2-2019]
B.
[1]The Program shall not be available for any residential
parcel that has outstanding or open real property tax liens.
C.
Applications shall be reviewed in the order in which they are received by the Department in final form, subject to any preferential review of an application directed by the Commissioner pursuant to § 839-4A. The final form of an application shall be determined in the sole discretion of the Commissioner.
D.
The Sewer Infrastructure Committee shall approve all applications
for grant funding prior to the disbursement of any funds, based upon
a written recommendation from the Department in accordance with this
article.
E.
The Sewer Infrastructure Committee shall issue a certificate evidencing
its approval of a grant award to each grant awardee.
F.
All grant awards shall be subject to the execution of a grant agreement in accordance with § 839-7 below and subject to availability of funds for the Program in the fiscal year in which an application is made.
G.
Any property owner who is not approved for a grant award because
of the unavailability of funds under the Program in any fiscal year
may, upon request, have his application carried over and reconsidered
by the Department and the Sewer Infrastructure Committee when funds
become available in the next fiscal year.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
A.
The grant award authorized to be given to a property owner shall be limited to the costs actually incurred by a property owner in connection with the purchase, installation, and design services, as set forth in Subsection A(8) below, of an I/A OWTS. Specific items that will be reimbursed shall include:
(1)
The total cost of the purchase of I/A OWTS materials and necessary
components;
(2)
The purchase of electrical components;
(3)
Labor costs incurred in connection with installation of the I/A OWTS
and any necessary leaching fields and structures;
(4)
A three-year warranty for the I/A OWTS;
(5)
Three years of operation and maintenance of the I/A OWTS purchased
through the manufacturer/installer;
(6)
Excavation and backfilling;
(7)
Pumping and decommissioning of an existing on-site system; and
A.
Disbursement of grant funds shall be contingent upon the execution
of an agreement between the County of Suffolk with each grant awardee,
the terms of which shall be set by the Commissioner with the approval
of the Department of Law. Notwithstanding anything in this article
to the contrary, any agreement authorizing the disbursement of grant
funds shall be signed by all property owners and qualifying tenants,
as the case may be. Each agreement shall be recorded in the office
of the Clerk of the County. The agreement shall be a continuing covenant
running with the land that binds the owner of the subject property
and his heirs, successors and/or assigns.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
B.
Any property owner who has, in the determination of the Sewer Infrastructure
Committee based upon the recommendation of the Commissioner, negligently
or intentionally failed to operate and maintain the system to the
point that it is damaged beyond repair, or has removed the system
without the prior written approval of the Department, shall repay
to the County the full amount of the grant.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
The Department is authorized, with the consent of the property owner who is approved for a grant award, to make direct payment of the grant proceeds to the manufacturer/installer of the system contracted by the property owner, and in the case of a qualifying low- to moderate-income household as set forth in § 839-4B to make direct payment of the grant proceeds to the design professional, to the extent that the grant award allows.
[Amended 12-18-2018 by L.L. No. 2-2019; 12-15-2020 by L.L. No. 4-2021]
The Commissioner is hereby authorized to enter into an agreement with the CDCLI Funding Corporation, upon such terms and conditions as are acceptable to the Department of Law, for the nonexclusive referral of grant awardees for loan assistance in connection with the design, in the case of a qualifying low- to moderate-income household as set forth in § 839-4B, and the installation of an I/A OWTS.
[Added 12-18-2018 by L.L.
No. 2-2019[1]]
The County Executive, or his designee, is hereby authorized
to enter into such agreements with towns or villages located within
Suffolk County that have or will establish a grant, rebate, refund
or some other incentive program for the installation of an I/A OWTS,
in order to coordinate the use of County funds with funds from other
sources, maximize the scope of the program, to avoid duplicative expenditures,
and/or to coordinate and streamline information technology components
of the application process.
Other than the grant funds awarded to an applicant in accordance
with this article, the County shall not enter into any agreement or
otherwise obligate the County of Suffolk to bear any additional expense,
unless approved in advance by the Suffolk County Legislature.
[Added 12-18-2018 by L.L.
No. 2-2019]
The Department shall conduct an annual review of the program
and provide an annual report to the County Legislature's Environment,
Planning and Agriculture Committee, or any successor committee, no
later than March 15 each year, which includes, at a minimum, the following
information for the preceding calendar year, broken down by each town
and village within the County:
