[Added 7-17-2018 by L.L.
No. 6-2018]
It is the intention of the Board of Trustees of the Incorporated
Village of Northport to enact legislation to protect the public health,
safety, welfare and the environment by regulating the establishment
and operation of breweries that manufacture and produce craft beer.
As used in this article, the following terms shall have the
meanings indicated:
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at 20° C., expressed in parts per
million (ppm) or milligrams per liter (mg/l).
A business located in a building where the primary use is
for the manufacturing and production of craft beer and retail distribution
of the craft beer it produces and manufactures, and which is duly
licensed as a microbrewery with the New York State Liquor Authority,
which produces the minimum amount permitted by the New York State
Liquor Authority.
A room that is attached to a brewery that allows patrons
to sample and consume beer that is produced by the brewery distillery.
No wine or any other alcoholic beverages other than what is produced
by the brewery distillery and/or is produced by another microbrewery
licensed in New York State is permitted to be sampled or sold in a
tasting room.
The dry weight of suspended particles, that are not dissolved
in a sample of water that can be trapped by a filter that is analyzed
using a filtration apparatus when using an approved laboratory procedure,
expressed in parts per million (ppm) or milligrams per liter (mg/l).
A.
The establishment and operation of breweries may only be located
in the Central Business A District, Highway Business District and
the Marine Business District, subject to the following conditions
and requirements:
(1)
No noxious fumes or odors are to be generated from the premises.
(2)
The brewery shall have a prevention wastewater treatment retention
facility (aka an "equalization tank") installed on the premises and
acceptable to the Northport Village Administrator with the advice
and consultation of the Northport Village Engineer. All existing breweries
shall have six months from the enactment of this article to install
on their premises a treatment retention facility, aka an "equalization
tank," acceptable to the Village Administrator or be in violation
of this article and be subject to the penalties as enumerated in this
article.
A.
Due to the characteristics of liquid waste from the production and
manufacturing of craft beer from a brewery and, more specifically,
the generating of excess BOD and excess TSS that enumerates levels
that have a deleterious effect upon the sewage treatment facility
and the excess cost to the Village of Northport to safely treat, transport
and dispose of the BOD and the TSS, the Village of Northport shall
charge each brewery a surcharge.
A.
The Village of Northport shall have the right to enter and inspect
any part of the premises served by the public sewage treatment facility
for the purpose of obtaining samples of wastes and inspecting flow-measuring
devices or treatment facilities provided to prevent excess BOD discharge.
The inspection shall be conducted by the Village of Northport or its
respective designee, and they may enter upon the premises at any reasonable
time to inspect for BOD discharge levels. Inspections shall be conducted
no less than once a month and no greater than three times a month
to compel compliance.
B.
All measurements, tests and analysis of the characteristics of wastewaters,
discharges or wastes called for under this article shall be performed
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, Inc., et a1; ASTM Standards, Part 31, Water, Atmosphere
Analysis, published by the American Society for Testing and Materials;
Methods for Chemical Analysis of Water and Wastes, published by the
United States Environmental Protection Agency; and/or 40 CFR Part
136, Guidelines Establishing Test Procedures for the Analysis of Pollutants,
including amendments to any of the foregoing, or, at the action of
the Village Administrator with written recommendation from the Village
Engineer, such other standards as he or she may designate.
C.
All laboratory testing costs associated with analysis of the waste
stream shall be borne by the owner of said facility at the current
rate schedule of the testing facility employed to provide such services
by the Village. The Village shall have the sole discretion to choose
the laboratory testing facility. All fees associated with the testing,
including administrative and labor fees, shall be borne by the owner
of the facility.
A.
A brewery distillery, as defined in § 306-51, that discharges wastewater into the Northport sewer treatment facility shall be charged, in an addition to the annual fee as stated in Chapter 239 of the Village Code, a surcharge for the excess BOD and TSS produced.
(1)
The surcharge shall be calculated by the brewery distillery's discharge of BOD and TSS in excess of the limit as defined in § 306-53B(1) (also known as "permitted discharge of BOD and TSS"). The permitted BOD discharge will be subtracted from the BOD and TSS discharge level that is found during the monthly inspection conducted by the Village of Northport or its designee. If, at its sole discretion, the Village of Northport conducts more than one inspection in a given month period, the BOD and TSS levels shall be determined by averaging the samples collected from the brewery distillery user's wastewater discharge for that month.
(2)
The number of gallons of waste that contain BOD and TSS in excess
of what is permitted is then multiplied by the Village's monthly cost
per gallon to treat the BOD and TSS, and the resulting number is the
monthly surcharge that is semiannually due by the brewery distillery.
(3)
The Village of Northport will estimate the incremental cost to treat
and dispose of BOD and TSS, expressed in dollars per pound for BOD
and dollars for per pound for TSS, and will include these surcharge
rates within its annual budget. The rates established for the Northport
Village fiscal year of 2018/2019 shall be a rate of BOD $0.67 per
pound and for TSS shall be $0.69 per pound. These numbers shall be
established by the Northport Village Board annually upon the adoption
of the budget.
B.
Said surcharge shall become due and payable on the first day of June
and December in each year or such other day or dates as may be determined
by the Board of Trustees. The invoices shall be mailed to the owner
of the brewery and the owner of the land on which the brewery operates.
They shall be collected by the Village Treasurer and shall constitute
a lien on real property pursuant to Article 14-F of the General Municipal
Law. There shall be an additional charge of 1% per month on any invoice
that is not paid beginning 31 days after the date the invoice is sent
out.
A.
For each violation of the provisions of this article, the property
owner, the person(s) in charge of, or the operator of the brewery
distillery where such violation has been committed or exists shall
be held liable, on conviction thereof, to a fine or penalty of not
less than $500 nor more than $5,000 for a conviction of a first offense;
upon conviction of a second offense where the offense is committed
within a period of two years of the first offense, a fine of not less
than $1,000 nor more than $10,000; and upon the conviction of a third
or subsequent violation where the offense is committed within a period
of two years of the first and second offense, a fine of not less than
$1,500 nor more than $15,000. Each day or part thereof such violation
continues following notification by the Village or service of a summons
shall constitute a separate offense punishable in like manner.
B.
In addition to the criminal penalties set forth herein, the Village
Attorney is authorized to pursue civil and equitable relief, including,
but not limited to, compensatory actions, civil penalties in the amount
not to exceed $250 per day, or any part thereof, an action to compel
compliance with or to restrain by injunction the violation of this
article, and any other remedies which in the opinion of the Village
Attorney may seem necessary and proper. Such civil and equitable relief
may be sought in a court of competent jurisdiction. Any civil monetary
penalty awarded may be added to the tax bill of the property where
the violation has occurred and shall be collected in the same manner.
C.
In any civil or equitable action or proceeding commenced in the name
of the Village of Northport for violations of this article, if the
Village is successful in its action or proceeding, then the Village
of Northport is authorized to seek recovery of its attorneys' fees
in addition to other civil penalties.
D.
The remedies provided for in this article are not exclusive of any
other remedies available under applicable federal, state or local
law.
A.
Any brewery distillery, as defined by this article and lawfully existing in the Village of Northport at the time of adoption of this article under either a special use permit or variance, or both, granted by the Zoning Board of Appeals, shall be exempt from the application of § 306-21 of the Northport Village Code respecting off-street parking for business districts. Any brewery distillery proposed under this article following the adoption of this article shall provide off-street parking at the rate of one space for every 75 square feet of area of the premises of the brewery distillery.
A.
Application. No statement in this article shall be construed to interfere
with any additional requirements that may be imposed by any federal,
state or local health authority having jurisdiction.
B.
Severability. If any provision of this article shall be adjudged
invalid, the judgment shall apply only to the provision so adjudged
and shall not affect, impair or invalidate any other provision of
this article.
C.
Repealer. All ordinances or local laws or parts thereof in conflict
with this article are hereby repealed.
D.
This article shall be in effect upon adoption by the Board of Trustees.
