This chapter shall be known and may be cited as "Plumbing Code - The Individual Sewage Disposal System Ordinance of the Town of Clay." This chapter shall apply solely to new individual sewage disposal systems to serve new dwellings and dwelling units constructed after December 21, 1957.
No person shall locate or construct any individual sewage disposal system until a permit for the location and construction of said sewage disposal system shall have been issued by the Inspector of the Town of Clay, hereinafter referred to as the "Inspector" pursuant to the provisions of §§ 182-22 and 182-23.
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings be occupied, which must rely on such a system for sewage disposal, until the Inspector shall have issued a certificate of compliance, hereinafter called a "certificate," indicating that said disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of this chapter.
This chapter shall not apply to any farm dwellings or to any dwellings located or to be located on a plot of land of one acre or more. This chapter shall not apply to commercial or industrial buildings. This chapter shall not apply to alterations, repairs or replacement of individual sewage disposal systems in existence on December 21, 1957.
A. 
In case any permit or certification required by this chapter is denied by the Inspector and where the enforcement of the provisions of this chapter would entail practical difficulty or unnecessary hardship, the applicant for such permit or certification may appeal from the decision of the Inspector to the Zoning Board of Appeals of the Town of Clay for a variance. Appeal to the Zoning Board of Appeals may be made for a special permit where specifically required under the provisions of this chapter.
B. 
The same provisions are hereby applied to such appeals and to such Board as are provided in cases of appeals on zoning regulations as prescribed by the Town Law and as further provided in Chapter 230, entitled "Zoning," of this Municipal Code. The Zoning Board of Appeals may in passing on such appeal make any reasonable exception and authorize the Inspector to issue the permit or certification subject to conditions that will adequately protect the public health and carry out the purposes and spirit of this chapter.
C. 
Any such decision shall be subject to review by the Supreme Court under Article 78 of the Civil Practice Law and Rules in the same manner and pursuant to the same provisions as in appeals from the decisions of such Board upon zoning regulations.
The Inspector may order all further work in and about any individual sewage disposal system, which is being erected or installed in violation of this chapter, to be stopped forthwith, except such work as shall be necessary to remedy such violation and, thereafter, the work continued without any violation of any of the provisions of this chapter, and after issuance of any such stop-work order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system, or any part thereof, no further work shall be done thereon except as aforesaid.
A. 
The following fees and charges are herewith established. For the issuance of a permit to locate and construct an individual sewage disposal system, the fee shall be as provided in Chapter 105, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The applicant shall procure and furnish all percolation tests, plans, reports, engineer's or sanitarian's services and all other data and information required under the provisions of this chapter. Any and all costs therefor shall be borne by the applicant.
This chapter shall be enforced by the Inspector designated by the Town Board to be the enforcement officer of this chapter.