Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park as Ch. 12 of the 1970 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 45.
Public Improvements — See Ch. 104.
Subdivision — See Ch. 121.
Water — See Ch. 138.
As used in this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:
BOARD OF MANAGERS
The Board of Managers of Erie County Sewer District No. 3 or its authorized representatives.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal. It is part of the district sewage works from the ROW/easement to the public sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COUNTY DISTRICT
Erie County Sewer District No. 3
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and stormwaters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER OR STORM DRAIN
A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOWN BOARD
The Town Board of the Town of Orchard Park acting in behalf of the Town district.
TOWN DISTRICT
Any sewer district established as a special improvement district in the Town of Orchard Park prior to the effective date of this chapter.
TOWN ENGINEER
The Town Engineer of the Town of Orchard Park.
[Added 4-27-2011 by L.L. No. 1-2011]
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.
It shall be unlawful to discharge to any natural outlet within the Town district any sanitary sewage, industrial wastes or other polluted waters except where interception or treatment has been provided in accordance with subsequent provisions of this chapter.
[Amended 11-18-1971]
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Town district and accessible to a public sanitary or combined sewer of the district, are hereby required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so.
When a district sewer is accepted by the Town Board, all properties accessible thereto shall connect to such sewer. Owners shall make an application to connect on forms provided by the Town Board for individual homes, subdivisions or commercial and industrial establishments.
[Amended 4-27-2011 by L.L. No. 1-2011]
No connection shall be made to a district sewer until the application to connect is approved and the building sewer and proposed connection are approved by the Town Engineer. Any person seeking to connect to a district sewer shall notify the Town Engineer when the building is ready for inspection. Such notification shall be made to the Town Engineering Department and the County District a minimum of 48 hours prior to the inspection.
[Added 4-27-2011 by L.L. No. 1-2011]
Each new home, industry or commercial unit constructed after the effective date of this chapter shall pay a connection charge to the Town of Orchard Park as indicated in Chapter 144, Attachment 1, Schedule of Zoning Fees, and a connection charge in an additional amount established by the County Board of Supervisors.
Where a private disposal system has been installed pending completion of public sewers, the connection charge set forth in § 112-6 may be modified by the Town Board and the County Board of Supervisors.
[1]
Editor's Note: Former § 112-8, Waiver of connection fees, was repealed 4-27-2011 by L.L. No. 1-2011.
[Amended 4-27-2011 by L.L. No. 1-2011]
Each home shall pay an annual readiness-to-serve charge to the Town district in an amount of $20 and an additional readiness-to-serve charge to the county district, to be established by the Board of Managers following a public hearing. These charges shall be included as part of the annual assessment roll.
[Amended 11-18-1970]
Industries, institutions and commercial establishments shall pay a use charge, to be determined by the Town Board and the Board of Managers, in proportion to their water use and type of waste. These charges shall be included as part of the annual assessment roll and may be either included in the county tax bill or collected by means of periodic billing.
Properties having frontage along a sewer built by the county district will pay an annual frontage charge and such other charges as may be established by the Board of Supervisors in accordance with law. Properties having frontage along a sewer built by the Town district will pay an annual frontage charge and such other charges as may be established by the Town Board in accordance with law.
[Amended 4-27-2011 by L.L. No. 1-2011]
No building sewer shall be connected to any manhole.
A. 
Prohibited. No person shall knowingly, willfully or maliciously break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewerage works.
B. 
Violations of this section shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
[Amended 1-2-1985 by L.L. No. 1-1985]
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Board or Board of Managers, as the case may be.
The owner or his agent shall make application on a special form furnished by the Town Board, supplemented by any plans, specifications or other information considered pertinent in the judgment of said Board. Such plans are required for multiple dwellings, commercial or public buildings. The application becomes a permit when signed by the Town district representative. Applications made by a contractor must show authorization from the owner. The contractor must show coverage with such insurance as may be required by the said Board.
All costs and expenses incident to the installation and connection of a building sewer to the public sewer shall be borne by the owner. The owner shall indemnify the Town district and county district from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building except where special permission is received from the Town Board.
[Amended 4-27-2011 by L.L. No. 1-2011]
Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Town Engineer, to meet all requirements of this chapter. Connection charges shall be the same as a new connection as set forth in Chapter 144, Attachment 1, Schedule of Zoning Fees, to cover the cost of the inspections.
All buildings hereafter erected with subsoil drains encircling the footing walls or under cellar floors shall meet the following requirements:
A. 
The building sewer shall not be connected to the building drain until all foundation wall backfill has been made and the roof construction of the building completed.
B. 
The yard areas immediately adjacent to the structure shall be so graded and maintained as to slope a minimum of one inch in two feet away from the foundation walls for a distance of at least five feet. Additional fill shall be placed as needed to maintain this condition.
C. 
Roof leaders or downspouts may be terminated to discharge stormwater onto front or rear yard lawn areas. The water shall not be discharged onto the earth at a lesser distance than four feet from the building foundation wall.
[Amended 4-27-2011 by L.L. No. 1-2011]
A. 
The building sewer shall be:
(1) 
Cast-iron pipe material shall be extra-heavy cast iron meeting the requirements of ASTM A74-42.
(2) 
PVC pipe material manufactured in accordance with the latest ASTM Specification D-3033/D-3034. All pipe shall be SDR-35 or thicker wall, and the PVC compound shall meet the requirements of the latest ASTM Specification D-1784. Pipe in compliance with these standards shall be clearly marked with the pipe size (nominal), cell classification, SDR number, PVC sewer pipe and ASTM designation.
(3) 
Pipe shall be a minimum of six inches for building sewers from the point of connection to the public sewer to the cleanout at the ROW/easement on the near side. Building sewers shall be a minimum of four inches in diameter from the cleanout at the ROW/easement to the point of connection with the building drain. All building sewers other than single-family homes or duplexes shall be a minimum of six inches in diameter.
B. 
Variations. Variations may be made in the requirements specified in Subsection A in special circumstances if approved by the Town Engineer in writing. Any variance in sewer sizes must be approved by the Town Engineer.
C. 
ASTM tests. ASTM tests on all sewer pipes must be performed in the United States.
[Amended 4-27-2011 by L.L. No. 1-2011]
The slope of the sewers described in § 112-20 shall be 1/4 inch per foot unless special permission is obtained by the Town Engineer, but in no case is a slope less than 1/8 inch per foot acceptable.
[Amended 4-27-2011 by L.L. No. 1-2011]
The building sewer shall be brought to the building at a depth sufficient to afford protection from frost. Such depth shall be a minimum of four feet from the top of the building sewer pipe to the finished ground elevation.
The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible.
[Amended 4-27-2011 by L.L. No. 1-2011]
Cleanouts are required for all changes in direction of the building sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Cast-iron and PVC pipe are to be bedded with select fill and covered at least six inches over the top with fine dirt and gravel by hand. All pipe is to be bedded as recommended by the manufacturer and ASTM.
[Amended 4-27-2011 by L.L. No. 1-2011]
No footing drains, roof drains or other drains carrying surface water or groundwater shall be connected to the building sewer, building drain or public sanitary sewer either directly or indirectly.
[Amended 4-27-2011 by L.L. No. 1-2011]
A sump pump shall be provided wherever required to carry ground and surface water to a natural outlet or storm sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Pipe laying and backfill shall be performed in accordance with ASTM Specification C12, latest revision, or as directed by the Town Engineer, except no backfill shall be placed until the work has been inspected to the satisfaction of the Town district.
[Amended 4-27-2011 by L.L. No. 1-2011]
The installation of building sewers across Town, county or state roads shall be minimum of six-inch-diameter gravity sewers in accordance with the highway permit for that jurisdiction and shall comply with all current Town design standards and specifications. Within highway rights-of-way, backfilling and restoration of surfaces shall be in accordance with the requirements of the highway agency having supervision.
[Amended 4-27-2011 by L.L. No. 1-2011]
In the event that unstable soil conditions are encountered during the connection or installation of a building sewer, special construction methods may be required by the Town Engineer.
[Amended 4-27-2011 by L.L. No. 1-2011]
A. 
Each building sewer must leave the building a minimum of 10 inches above the basement or cellar floor. Building sewers in no event will be permitted to leave the building under the cellar wall.
B. 
The Town Board may, upon written approval of the Town Engineer, grant a variance from the requirements of Subsection A or existing structures in those cases where the existing sanitary sewer in fact leaves the building below the cellar floor or in cases involving other existing structures where proof of extreme hardship is shown and where said hardship is unique and not self-created. Before any variance is granted from the provisions of Subsection A hereof, accurate sketches and elevations must be submitted to the Town Engineer which demonstrate an inability to comply with such section by reason of existing plumbing configurations. In addition, the person seeking the variance must submit proof, satisfactory to the Town Engineer, that groundwater and surface water will be excluded from the sanitary sewer lines.
[Amended 4-27-2011 by L.L. No. 1-2011]
Each building sewer must be provided with a cleanout at changes in direction, at the right-of-way and at least for every 50 feet of length for four-inch-diameter laterals and every 90 feet of length for six-inch-diameter laterals.
Double handhold traps are required where the sewer vent is to be in the basement or cellar wall. All riser pipes for vents shall be cast iron. No trap or vent shall be placed less than five feet from any window, door or ventilation intake.
[Amended 4-27-2011 by L.L. No. 1-2011]
Connection of the building sewer into the sanitary sewer shall be brought by:
A. 
A PVC, vitrified tile, reinforced concrete, cast-iron or asbestos-cement branch or riser installed at the time of construction of the main sewer.
(1) 
Joints. The joints shall provide a permanent seal against exfiltration or infiltration as designed by the Town Engineer.
(2) 
Damaged branches. Damaged branches shall be replaced.
B. 
Saddle-type connections to the main sewers shall be made in a smooth, round hole, machine drilled.
(1) 
Fittings. The fitting used shall be made to ensure that it will not protrude into the main sewer. The fitting shall fit the contour of the inside of the main sewer and be designed for the size of pipe into which construction is being made. One-eighth-inch clearance shall be provided between the fitting and the hole and between the shoulder of the fitting and face of the main pipe. These spaces shall be completely filled with waterproof joint material capable of withstanding any stress or strain likely to be encountered in normal sanitary sewer construction or maintenance. The fitting shall be capable of receiving all types of pipe normally used for house service connections.
[Amended 4-27-2011 by L.L. No. 1-2011]
The contractor shall comply in all respects with the Industrial Code Part (Rule Number) 53, relating to construction, excavation and demolition operations at or near underground facilities, as issued by the State of New York Department of Labor, Board of Standards and Appeals.
All excavations for building or sanitary sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
[Amended 4-27-2011 by L.L. No. 1-2011]
Streets, sidewalks, parkways and other public property disturbed in the course of sewer installation shall be restored in a manner satisfactory to the Town Engineer.
All driveways and parking areas disturbed during installation of sewers shall be backfilled with select fill.
Ditches and culvert pipes for storm- and surface water or other utilities disturbed during installation of sewers shall be replaced to their original condition.
No waterlines shall be installed within three feet of a building sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Applications to construction extensions or additions to the Town sewer district shall be made to the Town Engineer. Three sets of applications to construct a sanitary sewer, along with three sets of detailed plans showing the proposed construction, shall be forwarded to the Town Engineer. Upon approval of the plans by the Town Engineer, three additional sets of applications and approved plans shall be forwarded to the Erie County Health Department for approval. Evidence of Health Department approval is required by the Town district.
[Amended 4-27-2011 by L.L. No. 1-2011]
Inspections during construction of an extension for addition to sewers will be made by the Town Engineer. Those sanitary sewers are to be covered up until such inspection has been made.
[Amended 4-27-2011 by L.L. No. 1-2011]
Extensions or additions to the sanitary sewer system shall be made with one of the following:
A. 
Cast-iron pipe material shall be extra-heavy cast iron meeting the requirements of ASTM A74-42.
B. 
PVC pipe material manufactured in accordance with the latest ASTM Specification D-3033/D-3034. All pipes shall be SDR-35 or thicker wall, and the PVC compound shall meet the requirements of the latest ASTM Specification D-1784. Pipe in compliance with the standards shall be clearly marked with the pipe size (nominal), cell classification, SDR number, PVC sewer pipe and ASTM designation.
A. 
Pipe laying and backfill shall be in accordance with ASTM Specification C 12, latest revision, and the specifications established for the construction of the trunk sewer system.
B. 
All construction methods shall be subject to approval of the Town Engineer.
[Amended 4-27-2011 by L.L. No. 1-2011]
C. 
The installation of building sewers across Town, county or state roads shall be in accordance with the highway permit for that jurisdiction and comply with all current Town design standards.
[Amended 4-27-2011 by L.L. No. 1-2011]
D. 
In the event of unstable soil conditions, special construction methods may be required by the Town Engineer.
[Amended 4-27-2011 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also repealed former Subsection E, regarding laying certain pipe in a concrete cradle, which immediately followed.
A. 
No connection of sanitary sewer extensions shall be permitted to the trunk sewer of the county district until infiltration or other tests and final inspections have been made and approved, in writing, by the Board of Managers. The allowable rate of infiltration shall not exceed 100 gallons per inch of pipe diameter per mile of sewer per day.
[Amended 4-27-2011 by L.L. No. 1-2011]
B. 
Existing sewers may be connected to the trunk system only when they are found, upon examination and test by the Board of Managers, to be acceptable.
No connection of street sewer extension shall be permitted to the lateral sewer of the Town district until infiltration or other tests and final inspections have been made and approved by the Town Board in writing. The allowable rate of infiltration shall not exceed 100 gallons per inch of pipe diameter per mile of sewer per day.
A developer or other person installing a sanitary lateral sewer connection to a public sewer shall post a bond with the Town Board, naming the Town of Orchard Park and guaranteeing the sewer for a period of two years from the time of acceptance of the sewer by the Town Board. During this period, any defects in the sewer or appurtenances must be corrected at the builder's expense.
Whenever pipe laying is not in progress, the end of the pipe shall be securely closed with a tight-fitting cover or plug. Any earth or other material entering the main sewer due to operations of the plumber, contractor or building owner shall be removed at his expense. All trenches must be protected by sufficient sheeting and bracing.
Within highway right-of-way, backfilling and restoration of surface shall be in accordance with requirements of the highway agency having supervision.
Authorized employees of the Board of Managers or the Town bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Town Board. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Town Board, to a storm sewer, combined sewer or natural outlet.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
A. 
Any liquid or vapor having a temperature higher than 150° F.
B. 
Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.
C. 
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
D. 
Any garbage that has not been properly shredded.
E. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewer works.
F. 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works.
G. 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant.
H. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
I. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Grease, oil and sand interceptors shall be provided when in the opinion of the Town Board they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients.
Grease, sand and oil interceptors shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Town Board and shall be located so as to be readily and easily accessible for cleaning and inspection.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
The admission into the public sewers of any waters or wastes having any of the following characteristics shall be subject to the review and approval of the Town Board:
A. 
Having a five day biochemical oxygen demand greater than 300 parts per million by weight; or
B. 
Containing more than 350 parts per million by weight of suspended solids; or
C. 
Containing any quantity of substances having the characteristics described in § 112-53; or
D. 
Having an average daily flow greater than 2% of the average daily sewage flow of the district.
Where necessary in the opinion of the Town Board, the owner shall provide at his expense such preliminary treatment facilities as may be necessary to:
A. 
Reduce the biochemical oxygen demand to 3,000 parts per million and the suspended solids to 350 parts per million by weight.
B. 
Reduce objectionable characteristics or constituents to within the maximum limits provided for herein.
C. 
Control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Board and of the Water Pollution Control Commission of the state, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
A. 
When required. When required by the Town Board, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes.
B. 
Location; construction. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town Board.
C. 
Installation; maintenance. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
A. 
Standards. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in §§ 112-53 and 112-59 shall be determined in accordance with Standard Methods for the Examination of Water and Sewage.
B. 
Where determined. Measurements, tests and analyses shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the district and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the district for treatment, subject to payment therefor by the industrial concern in accordance with rules and regulations of the county district.
Any person found to be violating any provision of this chapter, except § 112-13, shall be served by the Town Board with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
If any person shall continue any violation beyond the time limit provided in § 112-66, the Town Board shall cause a hearing to be held on such violation.
The violator shall be served a notice of hearing at least 20 days prior to the day specified for the hearing. The notice shall state the time and place designated for the holding of the hearing and a specification of the violations charged.
At the time of holding the hearing provided for herein, the violator may present such evidence as he deems applicable and shall have the complete opportunity to be heard.
If, after the hearing provided for herein, the Town Board shall determine that a violation is in existence and continuing, the violator shall be guilty of an offense against this chapter and shall be charged a premium assessment of $50 for each violation. For each day in which such violation shall continue thereafter, the premium assessment shall continue at the rate of $50 for each day. In no event, however, shall the premium assessment exceed the sum of $1,000 in any year. Should the violation continue, the premium assessment will be levied each successive year to the maximum of $1,000 annually.
If the Town Board deems it necessary, it may use the premium assessments provided for in § 112-70 to make the corrections necessary to correct the violation of this chapter and thereupon discontinue premium assessments.
Any person violating any of the provisions of this chapter shall become liable to the county district and the Town district for any expense, loss or damage occasioned the district by reason of such violation.
Unpaid sewer charges, including premium assessments, shall become a lien upon the real property upon which or in connection with which sewer services were provided as and from the first day fixed for payment of such charges. Interest shall be due and payable in the same manner as other county taxes.
Nothing in this chapter shall be construed so as to limit the right of the Town Board to enforce or avail itself of the benefits of any and all other applicable laws and ordinances.