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Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[Adopted 7-25-2017 by L.L. No. 17-2017]
For the purposes of this article, the following definitions shall apply:
BUILDING
As defined § 330-5 of the Town Code.
CHIEF BUILDING INSPECTOR
The Southampton Town Chief Building Inspector, or his designee.
FLOOR AREA
The actual occupied area, not including unoccupied accessory areas or thickness of walls, except that floor area shall not include the conversion of an existing space into a livable space. such as a basement. as long as a septic system upgrade is not required by the Suffolk County Department of Health Services.
[Amended 7-24-2018 by L.L. No. 15-2018]
HIGH-PRIORITY AREA
Those areas mapped as such in the adopted CPF Water Quality Improvement Project Plan (WQIPP), and as may be amended from time to time.
INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM (I/A OWTS)
An on-site decentralized wastewater treatment system that, at a minimum, is designed to result in total nitrogen in treated effluent of 19 mg/l or less, as approved by the Suffolk County Department of Health Services.
SUBSTANTIAL SEPTIC SYSTEM UPGRADE
A change or upgrade to the existing septic system where the cost of said change or upgrade equals or exceeds 50% of the cost of the current system.
A. 
An innovative and alternative on-site wastewater treatment system (I/A OWTS) approved by the Suffolk County Department of Health Services shall be required for the following projects located within the high-priority area, as identified in the CPF Water Quality Improvement Project Plan (WQIPP):
(1) 
All new residential construction;
(2) 
Any substantial septic system upgrade required by the Suffolk County Department of Health Services;
(3) 
An increase of 25% or more in the floor area of a building.
B. 
In addition, an I/A OWTS approved by the Suffolk County Department of Health Services shall be required for any new septic system or substantial septic system upgrade required by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325.
A. 
Suffolk County Department of Health Services approval of an I/A OWTS shall be submitted to the Town prior to the issuance of a building permit for any project identified in § 123-52 herein.
B. 
The Chief Building Inspector shall not issue a certificate of occupancy or a certificate of compliance for any project identified in § 123-52 above unless said project has received final approval from the Suffolk County Department of Health Services for the installation of the I/A OWTS.
C. 
The Chief Building Inspector may, at any time, require a monitoring report, engineer's report, and/or performance and maintenance report demonstrating that the proposed system complies with the Suffolk County Department of Health Services requirements.
D. 
Notwithstanding the above, this article shall not be applicable in those cases where the Suffolk County Department of Health Services has determined that an I/A OWTS is not appropriate at a given location. In those cases, an applicant shall provide a copy of the Department's denial, or evidence of the Department's determination in writing.
E. 
The applicant shall comply with all local, state, and federal codes and requirements, including, but not limited to, the New York State Building Code and the New York State Fire Prevention Code.
A. 
Any violation of the provisions of this article shall constitute a violation punishable by a fine of not less than $1,000, as well as remediation of the subject premises to the satisfaction of the Suffolk County Department of Health Services.
B. 
Said remediation efforts shall include, but not be limited to, the installation of a compliant I/A OWTS pursuant to the Suffolk County Sanitary Code.
C. 
Any fines collected pursuant to this article shall be deposited into the Septic System Rebate and Incentive Program, pursuant to Town Code Chapter 177.
[Added 10-10-2017 by L.L. No. 25-2017]
This article shall apply to any application made for a building permit after September 1, 2017 that meets the criteria described above, except for the following:
A. 
Applicants that have received conditional wetlands permit approval, or an administrative wetlands permit, prior to September 1, 2017, shall not have to comply with the requirements herein; or
B. 
Applicants that have complete applications pending review with the Suffolk County Department of Health Services prior to September 1, 2017, as verified by the Department of Health Services' records, shall not have to comply with the requirements herein.