[HISTORY: Adopted by the Town Board of the Town of Fort Edward 3-27-1989
byL.L. No. 3-1989. Amendments noted where applicable.]
These regulations shall be known as the ”Town of Fort Edward Sanitary
Code." The Town of Fort Edward is hereinafter referred to as the "town."
These regulations shall govern the disposal of sewage and the design
and installation of all sewage disposal systems within the town, except that
this chapter shall not govern the design or installation of, or disposal of
sewage by means of, a community or public sewer or of those systems that come
under the jurisdiction of the New York State Department of Health. The transportation
and/or dumping of sewage off-site shall comply with all current New York State
Department of Health and Department of Environmental Conservation regulations
regarding such.
Enactment of these regulations is pursuant to Article 3 of the Public
Health Law and Article 27 of the Executive Law of the State of New York.
The purpose of these regulations is to promote the health, safety and
general welfare of town residents by providing, through the location, construction
and use of properly designed facilities, that sewage and other wastes are
disposed of in a manner that will not create a health hazard, adversely affect
the environment or impair the enjoyment or use of property.
A.
It shall be unlawful for any person to construct, alter
or extend any facility or part of such facility intended or used for the discharge
of sewage without having first complied with requirements herein.
B.
It shall be unlawful for any person to cause to be discharged,
within the town, any sewage except by systems designed, installed and approved
in accordance with the requirements of these regulations.
C.
It shall be unlawful for any person to use or maintain
any individual sewage disposal system that is unsafe, is a source of pollution
to any surface waters of the town, permits the seepage of sewage to ground
surface or interferes with the enjoyment or use of property.
A.
Prior to making an application for a disposal system
permit, the applicant shall make a preapplication to the Building Inspector/Zoning
Administrator. The preapplication shall consist of a written report of a percolation
test and soils analysis of the site of the proposed facility. The percolation
test and soils analysis shall be determined by methods described in Appendix
A[1] of these regulations and shall be conducted by a qualified person
approved by the Building Inspector/Zoning Administrator. If the applicant
so chooses, the Building Inspector/Zoning Administrator will arrange to have
the percolation test and soils analysis done by a third party; however, the
applicant shall bear all cost incurred.
B.
The Building Inspector/Zoning Administrator may conduct
such investigations, examinations, tests and site evaluations as it deems
necessary to verify information contained in the preapplication for a sewage
disposal permit, and the applicant or owner of land on which the system is
proposed shall grant the Building Inspector/Zoning Administrator or his agents
permission to enter on his land for these purposes.
C.
Site data which may affect the type, size and design
of a disposal facility may include, but not be limited to, soil type, topography,
depth to seasonal high groundwater, depth to impervious material, depth to
bedrock and distance to wetlands or surface bodies of water.
D.
The Building Inspector/Zoning Administrator shall have
the authority to require certification or retesting to verify information
submitted as part of the application.
Subsequent to the submission of the preapplication data, the Building
Inspector/Zoning Administrator shall make a determination as to whether the
site requires a conventional septic tank/soil absorption system or an alternative
disposal system.
[Amended 6-13-2005 by L.L. No. 6-2005]
Application for a disposal system permit may be made only by the owner or lessee of the lot for which the system is proposed, or his duly authorized agent or assigns, and shall be in writing, signed by the applicant, in such form as determined by the Building Inspector/Zoning Administrator. A fee shall accompany each application for a sewage disposal permit in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule.[1]
The following information shall be provided, on forms provided by the
Building Inspector/Zoning Administrator, for any proposed conventional system:
A.
House location.
B.
Location and details of the sewage disposal system, including
septic tank, distribution box and leaching facility and must include a fifty-percent-expansion
area.
C.
Location of well or location of public water main and
house connection.
D.
Location of driveways, swimming pools or other structures.
E.
Location of any watercourses, ponds, lakes or wetlands
on or within one hundred (100) feet of the proposed system.
F.
Location of all wells and sewage disposal systems within
two hundred (200) feet of the proposed system.
G.
Location of all deep test holes and percolation test
holes. A minimum of one (1) deep test hole and two (2) percolation test holes
are required.
H.
Title box indicating owner of property, town, street
address, date and scale.
I.
Design criteria to include number of bedrooms, percolation
rate, sewage application rate and leaching area.
J.
Locating and discharge points for gutter, footing, storm
and curtain drains.
The following information must be provided for any proposed alternative
system:
A.
Letter of authorization for engineer or architect.
B.
One (1) set of plans bearing the seal and signature of
a professional engineer, registered architect or land surveyor (with a pre-1971
7208N exemption from the New York State Education Department) licensed and
registered to practice in New York State. These plans shall be scale showing
the following:
(1)
Plot plan, including major physical features drawn to
scale on a Tax Map of the property.
(2)
House location.
(3)
Plan and cross section of the sewage disposal system,
to include fifty-percent-expansion area, and construction details of system
components, including septic tank distribution box and leaching facility.
(4)
Location of driveways, garages, swimming pools or any
other structures.
(5)
Location of well or location of public water main and
house connection.
(6)
Two-foot contours of the property. If ground is to be
cut or filled, both existing and proposed contours must be shown.
(7)
Location of any watercourses, ponds, lakes or wetlands
on or within one hundred (100) feet of property line. Stream index number
and classification or wetland designation must be noted.
(8)
Accurate location of all deep test holes and percolation
test holes. A minimum of one (1) deep hole and two (2) percolation test holes
is required.
(9)
Location of all well and sewage disposal systems within
two hundred (200) feet of the proposed system or a note stating that none
exist within two hundred (200) feet.
(10)
Title box indicating owner of property; location, including
street and municipality; name and address of design engineer or architect;
date of drawing, including dates of revisions; and scale.
(11)
Location and discharge points for gutter, footing, storm
and curtain drains.
(12)
Design criteria to include number of bedrooms, soil percolation
rate, application rate, etc.
(13)
Site location sketch and North arrow.
(14)
Copy of house plans to verify bedroom count for design
calculations.
(15)
If water service is to be from a community public water
supply, a letter from the owner of the supply stating its willingness and
ability to supply the water.
(16)
Certification by designer.
Once all pertinent site data has been verified and certified, all permit
fees have been paid and the Building Inspector/Zoning Administrator has determined
that the proposed action in the application complies with all the specifications
contained in these regulations, a disposal system permit will be issued to
the applicant.
A.
The Building Inspector/Zoning Administrator may disapprove
of an application for a disposal system permit if it determines that:
(1)
The individual sewage disposal system, as proposed, will
not conform to the requirements or specifications of these regulations or
an order of the Consolidated Board of Health.
(2)
The applicant has failed to supply all data necessary
to make a determination as to whether or not such individual sewage disposal
system conforms to the requirements or specifications of these regulations
and has failed to supply such information for sixty (60) days after a written
request for such additional information has been mailed.
B.
The Building Inspector/Zoning Administrator may, by written
notice, order all further work stopped on any individual sewage disposal system
which is being constructed or installed in violation of these regulations.
C.
Expiration of permits. Unless otherwise specified in
the permit, all permits shall expire within one (1) year of issuance. In the
event that a permit expires with the disposal system as yet incomplete, the
applicant must obtain a permit renewal. There shall be no charge to renew
a permit.
A.
It shall be unlawful for any unauthorized person to cover
or utilize any individual sewage disposal system unless a disposal system
use certificate has been issued therefor.
B.
It shall be the duty of the holder of the disposal system
permit to notify the Building Inspector/Zoning Administrator when the installation
is ready for inspection. The inspection shall be made as soon thereafter as
practical by the Building Inspector/Zoning Administrator. The Building Inspector/
Zoning Administrator may also make inspections during construction to ensure
that the system is being installed in accordance with the application and
these regulations. Any part of installation which has been covered prior to
final approval shall be uncovered upon order of the Building Inspector/Zoning
Administrator.
C.
A disposal system use certificate shall not be granted
until the Building Inspector/Zoning Administrator has determined that the
individual sewage disposal system has been installed in compliance with the
application and these regulations. The Building Inspector/Zoning Administrator
may make such a determination only after he has made an on-site investigation
of the system or received a certification from the individual designing and
installing the system that the system conforms to the specifications as set
forth in the application and these regulations. The Building Inspector/Zoning
Administrator may withhold a determination until after an on-site investigation
has been completed, notwithstanding that the system has been certified as
properly installed and designed.
D.
The Building Inspector/Zoning Administrator may waive
the required on-site inspections when the system has been installed by a person
who has met the qualifications and been designated as a certified installer
by the town.
A.
The filling of an application for a disposal system permit
represents permission by the applicant for the Building Inspector/Zoning Administrator
and/or other designated person to conduct such examinations of the disposal
system site.
B.
The Building Inspector/Zoning Administrator may inspect
an individual sewage disposal system built before or after these regulations
take effect to ensure that it is being maintained in proper working order.
It shall be unlawful for the owner or occupant of the property to deny such
official or his designee access to the property at reasonable times for the
purpose of making such inspections. Where the Building Inspector/ Zoning Administrator
determines that a system is not being maintained in compliance with these
regulations, it may order that use of the system cease and/or that the defects
be corrected and/or misuse abated. If the prescribed action is not taken within
the time fixed by the Building Inspector/Zoning Administrator, it may revoke
the use permit for the system and/or refer the matter to the Consolidated
Board of Health for appropriate corrective action.
A.
Subject to the provisions of these regulations, the use
or maintenance of a properly functioning preexisting individual sewage disposal
system may be continued. This section shall not be construed to permit any
unsafe use or structure or permit such structures or their use when such structure
or use constitutes a threat to public health, safety, welfare or environmental
quality; permits the seepage of sewage waters to ground surface; or interferes
with the enjoyment or use of property.
B.
Alteration, enlargement or extension of a system.
(1)
It shall be unlawful to alter, enlarge or extend a preexisting
individual sewage disposal system except in conformity with the provisions
herein. However, emergency repairs may be made to a system without prior approval
from the Building Inspector/Zoning Administrator, if they are done by a certified
installer. In the event that such emergency repairs are made, the certified
installers shall make a de facto report of such repairs to the Building Inspector/Zoning
Administrator.
C.
Any existing system which is not functioning properly shall be
subject to penalties as provided in this chapter.
[Added 3-14-2005 by L.L. No. 3-2005]
Design standards for the construction, alteration or extension of any
conventional sewage disposal system addressed in these regulations shall conform
to the criteria and guidelines of the most recent issue of the Wastewater
Treatment Handbook - Individual Household Systems, published by the New York
State Health Department.
A.
Any person owing, controlling or managing any building, structure,
land or premises therein or whereon there shall be placed or there exists
a structure or system in violation of these regulations; and any person who
shall commit or assist in the commission of any violation of these regulations
or who shall build, erect, construct or attempt the same any structure contrary
to the plans or specifications submitted to the authorized official and by
him certified as complying with these regulations; and any person who shall
omit, neglect or refuse to do any act required by this chapter shall be subject
to a civil penalty of not more than $500 to be recovered by the Town Board
of Fort Edward in any court of competent jurisdiction. Every such person shall
be deemed guilty of a separate offense for each day that such violation, disobedience,
omission, neglect or refusal shall continue. Where the person committing such
violation is a partnership association or corporation, the principal executive
officer, partner, agent or manager may be considered to be the person for
the purposes of this section.
B.
In the case of a violation which creates a nuisance or condition
potentially detrimental to public health, the Town Board shall also exercise
the powers and duties provided in New York Public Health Law, Article 13.
These powers and duties include, but are not limited to, entering upon, inspecting
and examining any premises where such a nuisance or condition is known or
believed to exist and ordering the suppression and removal of any nuisance
or condition detrimental to life and health.
[Added 3-14-2005 by L.L. No. 3-2005]
[Amended 3-14-2005 by L.L. No. 3-2005]
When the Town Board finds that extraordinary and unnecessary hardships
may result from strict compliance with these regulations, it may vary the
regulations so that substantial justice may be done and the public health
and safety secured, provided that such variations will not have the effect
of nullifying the intent and purpose of these regulations.
[Amended 3-14-2005 by L.L. No. 3-2005]
Where the Building Inspector/Zoning Administrator finds that, due to
special circumstances, certain preapplication procedures or application information
requirements contained herein are not necessary in the general interest of
the public health, safety and general welfare, he may waive such requirements.
Where the conditions imposed by any provisions of these regulations
are less restrictive than comparable conditions imposed by any other provisions
of these regulations or of any other statute, ordinance, local law, order,
rule or regulation, the provisions which are more restrictive shall govern.
The adoption of these regulations shall not affect or impair any act
done, offense committed or right accrued or required or liability, penalty,
forfeiture or judgement incurred prior to the time these regulations take
effect.
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APPENDIX A
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Procedures for Site Evaluation
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A.
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Soil borings/visual analysis.
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(1)
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Soil borings shall be of any type of boring or excavation capable of
revealing the characteristics of the soils penetrated in detail:
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(a)
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Each boring or excavation shall be made to a depth at least two (2)
feet deeper than the bottom of the proposed system.
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(b)
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Each hole shall be numbered, and its location shall be plotted on a
dimension sketch of the lot or building site.
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(c)
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Soil texture and firmness of soil texture shall be recorded by depth
and notations made where texture changes occur.
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(2)
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Particular effort shall be made to determine the highest known water
table.
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(a)
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Record the first occurrence of mottling in the hole.
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(b)
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If mottling is not encountered, the open test holes may be backfilled
immediately.
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B.
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Percolation tests.
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(1)
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For standardizing test hole dimensions:
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(a)
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Each test hole shall be a minimum of twelve (12) inches square, have
vertical sides and be dug to one-half (1/2) the depth of the proposed individual
sewage treatment system. If more than one (1) soil type is encountered in
a test hole, a percolation test shall be done in each soil type.
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(b)
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Each test hole shall be numbered, and its location shall be plotted
on a scale map of the real property of building site.
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(2)
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For proper preparation of the test hole:
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(a)
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The bottom and sides of the hole shall be carefully scratched to remove
any smearing and to provide a natural soil surface into which water may penetrate.
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(b)
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All loose material shall be removed from the bottom of the test hole
and two (2) inches of one-fourth- to three-fourths-inch stone shall be added
to protect the bottom from scouring.
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(3)
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For proper soil saturation and swelling.
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(a)
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Presoak the test hole by periodically filling the hole with water and
allowing the water to seep away. This procedure shall be performed at least
four (4) times and shall begin one (1) day before the test except for clean
sand and gravel.
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(4)
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For proper percolation rate measurement:
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(a)
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In sandy soils, adjust the water depth to eight (8) inches over the
soil at the bottom of the test hole. From a fixed reference point, the drop
in the water level shall be measured in inches to the nearest one-sixteenth
(1/16) inch at approximately ten-minute intervals. A measurement can also
be made by determining the time it takes for the water to drop one (1) inch
from an eight-inch reference point. If eight (8) inches of water seeps away
in less than ten (10) minutes, a shorter interval between measurements shall
be used, but in no case shall the water depth exceed eight (8) inches. The
test shall continue until three (3) consecutive percolation rate measurements
vary by a range of no more than ten percent (10%).
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(b)
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In other soils, adjust the water depth to eight (8) inches over the
soil at the bottom of the test hole. From a fixed reference point, the drop
in the water level shall be measured in inches to the nearest one-sixteenth
(1/16) inch at approximately thirty-minute intervals, refilling between tests
to maintain an eight-inch starting head. The test shall continue until three
(3) consecutive percolation rate measurements vary by a range of no more than
ten percent (10%). The percolation rate can also be made by observing the
time it takes the water level to drop one (1) inch from an eight-inch reference
point if a constant water depth of at least eight (8) inches has been maintained
for at least four (4) hours prior to the measurement.
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(5)
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For calculating the percolation rate:
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(a)
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Divide the time by the drop in water level to obtain the percolation
rate in minutes per inch.
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(b)
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Percolation rates determined for each test hole shall be averaged to
determine the final soil treatment system design.
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(6)
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For reporting the percolation rate, worksheets showing all calculations
and measurements shall be submitted to the Department of Code Enforcement.
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(7)
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A percolation test shall not be run where frost exists below the depth
of the proposed soil treatment systems.
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