Village of Northport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
Fees — See Ch. 147.
Subdivision regulations — See Ch. A312.
Article I Sewer Use

§ 239-1 Title.

§ 239-2 Scope, purpose and intent.

§ 239-3 Construction and definitions.

§ 239-4 Village control and regulation of systems.

§ 239-5 Owners' responsibility.

§ 239-6 Discontinuance of certain private disposal systems and connection to village or private sewerage system.

§ 239-7 Separate and independent connections to sewer.

§ 239-8 Building sewer size, material, joints and installation.

§ 239-9 Use of existing building sewers connected to village or private sewer.

§ 239-10 Use of existing building sewers connected to private disposal systems.

§ 239-11 Interceptors, traps and control manholes.

§ 239-11.1 Disposal of cooking oils prohibited.

§ 239-11.2 Low-flush toilets and urinals in commercial uses.

§ 239-12 Cleanouts.

§ 239-13 Methods for handling drainage below sewerage-system level.

§ 239-14 Permit application; issuance; fee.

§ 239-15 Restrictions on permits.

§ 239-16 Display of permit at work site.

§ 239-17 Street-opening permits.

§ 239-18 Securing of permits from other jurisdictions.

§ 239-19 Notice of installation of building drains, sewers and connections.

§ 239-20 Certificate of inspection.

§ 239-21 Insurance.

§ 239-22 Prohibitions.

§ 239-23 Severing of connections by village.

§ 239-24 Applicability to contracts with systems outside village.

§ 239-25 Waivers.

§ 239-26 Rules and regulations.

§ 239-27 Enforcement.

§ 239-28 Penalties for offenses.

Article II Sewer Rents

§ 239-29 Purpose and intent.

§ 239-30 Definitions.

§ 239-31 Sewer rent fund.

§ 239-32 Determination and administration of charges.

§ 239-33 Use of other revenues.

§ 239-34 Applicability.

§ 239-35 Sewer utilization forms.

§ 239-36 Appeals.

§ 239-37 Schedule for bills and payments; penalty for late payment; liens and collection.

§ 239-38 Consistency with General Municipal Law.

[Adopted 3-3-1970 by L.L. No. 1-1970 (Ch. 62 of the 1966 Code)]

§ 239-1 Title.

This article shall be known as the "Sanitary Sewer Law."

§ 239-2 Scope, purpose and intent.

A. 
This article is intended to regulate the village sewerage system, private sewerage systems, connections therewith and the private disposal of sewage.
B. 
It is the purpose and intent of this article to promote the health, well-being and general welfare of the inhabitants of the Village of Northport; to promote conservation of groundwaters, bodies of fresh or salt water and marine and animal life; to protect the village and private sewerage systems; and to provide for cooperative effort to attain the same goals with private organizations and other municipalities or governmental units.

§ 239-3 Construction and definitions.

A. 
Construction. Except where specifically defined herein, all words, terms and phrases set forth shall be given their customary meanings. Words used in the present tense include the future; the plural includes the singular; the word "shall" is mandatory; and, unless otherwise specified, all distance and dimension requirements refer to the horizontal.
B. 
Specific definitions. As used in this article, the following terms shall have the meanings indicated:
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 20º C. expressed in milligrams per liter.
BUILDING CONNECTION BRANCH
A wye (Y) or tee (T) or similar connecting device, fixture or fitting in a sewer designed for making connections thereto and thereat with building sewers.
BUILDING DRAIN
That part of the lowest 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 usually beginning three feet outside the building wall.
BUILDING SEWER
That part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a village or private sewer forming a part of the village or a private sewerage system.
BUILDING TRAP
A device, fitting or assembly of fittings installed in the building drain to prevent circulation of air between the drainage system of the building and the building sewer.
DRAINAGE SYSTEM
Includes all the piping within public or private premises which conveys sewage from therein to a legal point of disposal, but does not include the sewers of the village sewerage system or of a private sewerage system.
LOW-FLUSH TOILET
A toilet of 1.6 gallons' capacity, or such other stricter standard for a low-flush toilet as may be adopted from time to time by federal and/or state regulatory authorities, which regulations or laws prohibit the sale and installation of toilets that do not meet this standard.
[Added 5-15-2007 by L.L. No. 4-2007]
LOW-FLUSH URINAL
A urinal of one gallon capacity, or such other stricter standard for a low-flush urinal as may be adopted from time to time by federal and/or state regulatory authorities, which regulations or laws prohibit the sale and installation of urinals that do not meet this standard.
[Added 5-15-2007 by L.L. No. 4-2007]
pH
The logarithm of the reciprocal of hydrogen-ion concentration of the solution.
PRIVATE DISPOSAL SYSTEM
Any system or means of disposing of sewage which is not connected to the village or a private sewerage system and includes but is not limited to systems utilizing cesspools, septic tanks or drainage fields.
PRIVATE SEWERAGE SYSTEM
Any privately owned operated and maintained system located within the village for receiving and collecting, or for receiving, collecting, treating and disposing of sewage regardless of whether or not same constitutes a complete system; but excluding any system for receiving and/or collecting sewage and disposing of same in a cesspool, septic tank or other similar manner; provided such system has been certified by the Village Sewer Inspector as having been constructed in substantial compliance with the requirements of this article and is so maintained as to adequately serve the purposes for which constructed.
SEWAGE
Any liquid waste whether or not containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution.
SEWER
A pipe which carries sewage and excludes storm-, surface or groundwater.
SEWER INSPECTOR
Any person who may from time to time be appointed or employed by the Village of Northport as Sewer Inspector.
SLUG
Any discharge of water, sewage or other waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
VILLAGE OR PRIVATE SEWERAGE SYSTEM AVAILABLE TO PREMISES
The village or a private sewerage system shall be deemed to be available to any premises whenever at least three feet of any sewer thereof is located on, under or above such premises, or whenever such three feet of length of sewer is located in, on, under or above any street, public place, easement area, right-of-way or waterway abutting such premises.
VILLAGE SEWERAGE SYSTEM
The complete system of the Village of Northport for receiving, collecting, treating and disposing of sewage and includes, but is not limited to, sewers, manholes, pumping stations, sewage treatment works and other appurtenances.

§ 239-4 Village control and regulation of systems.

The Board of Trustees of the Village of Northport shall control and regulate within the village the construction, maintenance, use, operation and extension of the village sewerage system, building sewers, building drains, private sewerage systems and the private disposal of sewage.

§ 239-5 Owners' responsibility.

Although subject to control and regulation by the Board of Trustees of the Village of Northport, the maintenance, use, operation and extension of private sewerage systems, building sewers and building drains, including their connection to each other and their connection to the village sewerage system, shall be the responsibility of the owners, tenants or occupants of the premises served thereby.

§ 239-6 Discontinuance of certain private disposal systems and connection to village or private sewerage system.

A. 
The construction, use, operation and maintenance of any private disposal system for receiving and/or collecting sewage and disposing of same in a cesspool, septic tank or in any manner other than is herein required is prohibited on all premises to which the village or a private sewerage system is available, and all buildings on such premises shall have the building sewers connected to the village or a private sewerage system.
B. 
After publication of a notice by the Board of Trustees in the official newspaper of the village that any section of a village or private sewer, forming a part of the village or a private sewerage system, or any extension thereof, has been installed or extended so as to be available to any premises and is ready for operation, the owner of any then-existing building on such premises shall within one year from the date of such notice cause the building drain of any such building to be connected via a building sewer to such village or private sewer, and any other system of sewerage disposal shall be thereupon discontinued and the facilities and appurtenances of such other system shall be placed in a safe and sanitary condition; provided, however, that for a good cause shown, the Board of Trustees may extend said one-year period of time.

§ 239-7 Separate and independent connections to sewer.

Each building in an area served by the village or a private sewerage system must be connected separately and independently with a sewer through the building connection branch provided in such sewer and located directly opposite the building or nearest in the downstream direction; or, if no such branch is so provided, or is not practically available, then at a location designated by the Sewer Inspector. Grouping of buildings on one building sewer will not be permitted, except by special permission of the Board of Trustees of said village.

§ 239-8 Building sewer size, material, joints and installation.

No building sewer shall be connected to the village or a private sewerage system unless it complies in all applicable respects with the following requirements as to size, material of pipe and fittings, types of joints, uses of joints and manner of installation:
A. 
Building sewers shall have an inside diameter of four inches; provided, however, that building sewers larger than four inches in inside diameter may be used if approved in advance of installation for a particular location by the Sewer Inspector.
B. 
All building sewers and fittings or "specials" used in connection therewith shall be new, unused and shall be of one of the following materials:
(1) 
Vitrified clay; provided, however, no pipes or fittings of such material shall be used unless buried at least three feet below ground level, and, provided further, pipes and fittings of this material shall meet all the following standards:
(a) 
Vitrified-clay pipe and fittings manufactured from surface clay, fire clay, shale or a combination of such materials.
(b) 
First quality, cylindrical, hard, salt-glazed and vitrified throughout.
(c) 
Hub and spigot pattern with hubs of sufficient diameter and depth to receive the full length of the spigot end of the next following pipe or fitting, without any clipping whatever of either, and also to leave a sufficient space for jointing materials.
(d) 
Four-inch-inside-diameter pipe shall have the following dimensions and strength:
[1] 
Outside diameter of the barrel of 4 7/8 inches to 5 1/8 inches.
[2] 
Minimum inside diameter of the hub at 1/2 of an inch above the base of 5 3/4 inches.
[3] 
Depth of hub of at least 1 1/2 inches or a nominal depth of 1 3/4 inches.
[4] 
Minimum thickness of barrel of 7/16 of an inch and a nominal thickness of 1/2 of an inch.
[5] 
Minimum thickness of hub at 1/2 of an inch from outer end of 3/8 of an inch and a nominal thickness of 7/16 of an inch.
[6] 
Minimum strength in pounds per foot of 1,000 pounds on a three-edge bearing test and of 1,500 pounds per foot on a sand-bearing test.
(2) 
Cast iron meeting the following standards:
(a) 
Uncoated, extra-heavy, sound, cylindrical, smooth internally, free from cracks, sand holes or other defects and of uniform thickness.
(b) 
Four-inch inside diameter pipe shall have an average weight per laying length of five feet of 60 pounds for single-hub pipe and of 63 pounds for double-hub pipe.
(3) 
Asbestos cement meeting the following standards:
(a) 
At least Class 1500 and having Ring-Tite couplings.
(b) 
Four-inch inside diameter pipe shall have the following dimensions and weight:
[1] 
Minimum wall thickness of .405 inch.
[2] 
Weight per linear foot of 4.7 pounds.
[3] 
Weight for each coupling of 2.9 pounds.
[4] 
Weight of each ring in a two-ring coupling of .10 pound.
(4) 
Other material, if approved in advance of installation for a particular location by the Sewer Inspector, and which, if so approved shall be installed in compliance with all special conditions as the Sewer Inspector may require for approval based on performance.
C. 
All joints, including connecting joints between building drains and building sewers, and connecting joints between building sewers and any portion of the village or a private sewerage system, shall be made as follows:
(1) 
Joints in vitrified clay or in concrete pipe, when permitted by the Sewer Inspector, or between such pipes and metal pipe shall be hot-poured compound joints, precast joints or cement-mortar joints made as follows:
(a) 
Hot-poured compound for joints in clay or concrete sewer pipe shall be of approved material. If wet surfaces are unavoidable, a proper primer shall be applied. Approximately 25% of the joint space at the base of the hub shall be filled with jute, hemp or asbestos rope. The hot-poured compound shall be poured in one operation until the joint is filled to the face of the hub. Joints shall not be tested until one hour after pouring.
(b) 
Precast joints for clay or concrete sewer pipes shall have precast collars in both the spigot and the hub of the pipe before installation. Prior to making joint contact, surfaces shall be cleaned and coated with solvents and adhesives. When the spigot is inserted in the hub, the spigot end shall bind before contacting the base of the hub.
(c) 
Cement mortar joints for clay or concrete sewer pipe may be used. A layer of jute or hemp shall be firmly packed into the base of the hub. Not more than 25% of the joint space shall be used for jute or hemp. Before insertion into the hub, the jute or hemp shall be dipped into a slurry suspension of portland cement in water. The remaining hub space shall be filled in one continuous operation with a thoroughly mixed mortar composed of one part cement and two parts sand, with only enough water to make the mixture workable by hand. After 1/2 hour of setting, the joint shall be rammed around its entire periphery with a blunt tool to force the partially stiffened mortar into the joint and to repair any cracks formed during the initial setting period. The pipe interior shall be swabbed to remove any material that might have fallen into the interior. Additional mortar of the same composition shall then be troweled onto the joint so as to form a forty-five-degree taper with the barrel of the pipe.
(2) 
Joints in cast-iron pipe shall be made as follows:
(a) 
Caulked joints for cast-iron pipe shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall be run in one pouring to approximately flush with the face of the hub and shall be caulked tight. No paint, varnish or other coating shall be applied over the joint until after it has been tested and approved.
(3) 
Joints between asbestos-cement pipes shall be made with sleeve couplings of the same composition as the pipe and with rubber sealing rings. Joints between asbestos cement and metal pipe shall be made by means of an adapter coupling caulked as required for caulked joints.
(4) 
Joints in pipe of other material, if approved in advance of installation for a particular location by the Sewer Inspector, shall be made in compliance with all special conditions as the Sewer Inspector may require for approval based on performance.
D. 
Building sewers shall be installed under the direct inspection of the Sewer Inspector, and as follows:
(1) 
In open trenches.
(2) 
Solidly laid and supported on a firm bed for their entire length.
(3) 
As nearly as possible in a straight line.
(4) 
On a uniform downstream slope of not less than 1/4 inch per foot. Lesser slope may be used only when specially approved by the Sewer Inspector.
(5) 
Changes in direction shall be made by the use of forty-five-degree wyes; long sweeps; sixth, eighth or sixteenth bends; or combinations of these or equivalent fittings if approved by the Sewer Inspector.
(6) 
Vitrified-clay pipe shall be laid at a depth of not less than 36 inches. Lesser depth may be used only when specially approved by the Sewer Inspector.
(7) 
No pipe or fitting shall be wholly or partially covered and no trench shall be wholly or partially filled until notice has been given to the Sewer Inspector that the work is ready for inspection, such inspection has been made and the installation has been approved. No such notice shall be given sooner than two hours prior to inspection, and no inspection shall be made later than 4:00 p.m. No inspection shall be made on Saturdays, Sundays or holidays except in the event of an emergency. In making an inspection, the Sewer Inspector shall have the power to apply any reasonable test to the pipe or fittings. The owner or contractor doing the work shall furnish all necessary tools and labor for such inspection and test and shall remove any defective material and replace any work improperly done as the Sewer Inspector shall direct.
(8) 
Unless otherwise required by the provisions of § 256-19 of the Code of the Village of Northport relating to the backfilling of excavations in the areas of streets, highways or sidewalks in said village, trenches shall be backfilled and compacted to at least 12 inches above the top of piping and fittings with clean earth, sand or gravel, which shall not contain boulders, cinders, debris or other substances which may cause voids, damage or break the piping or fittings, or cause corrosive action. Thereafter backfilling shall be completed up to grade and be properly compacted. Precautions shall be taken to assure proper compactness of backfill without damage to the piping or fittings.

§ 239-9 Use of existing building sewers connected to village or private sewer.

Existing building sewers connected to a sewer may be used for new buildings, provided that they are in good condition, do not leak and conform to the requirements of these regulations.

§ 239-10 Use of existing building sewers connected to private disposal systems.

Existing building sewers connected to private disposal systems may be used in connecting to the village or a private sewerage system, provided that such existing building sewers be severed at least 10 feet before any existing cesspools or vaults, and, further, that any existing building sewer be above groundwater and not within 50 feet of any spring or well.

§ 239-11 Interceptors, traps and control manholes.

A. 
Grease interceptors shall be installed in waste lines which may receive grease, oil or sand from nonresidential direct and indirect discharges, including, but not limited to, those leading from pot wash sinks, woks, soup or stock kettles, food scrap sinks, scullery sinks, meat and/or poultry and/or fish preparation sinks, floor drains, automatic dishwashers, scraper sinks or other similar plumbing fixtures in all restaurants, kitchens, cafeterias, clubs, butcher shops, slaughterhouses, fish markets, supermarket food-processing areas, delicatessens or other nonresidential establishments where grease may be introduced into the drainage system. These uses must comply with the following:
[Amended 5-15-2007 by L.L. No. 5-2007]
(1) 
The size of the grease interceptors shall be sufficient to handle the volume. The nonresidential use required to maintain the grease interceptor shall produce a certification by a licensed professional engineer or a New York State registered architect in the event the Sewer Inspector requires same to verify that the size of the grease interceptor is sufficient.
(2) 
Grease interceptors must have a retention capacity in pounds of at least twice the numerical flow through rate in gallons per minute.
(3) 
Grease interceptors shall remove an average of 90% or more of the grease or other extractable matter in the wastewater.
(4) 
The temperature of water entering a grease interceptor shall not exceed 180°F.
(5) 
All grease interceptors must be readily accessible for inspection by Village inspectors.
(6) 
Discharges from the cleaning of kitchen hoods which may extract grease from cooking operations must be made to receptacles or floor drains that are tributary to a grease interceptor. The sizing of the tributary grease interceptor must account for such discharges using standard engineering practice.
(7) 
Grease interceptors shall be properly installed, maintained and operated to insure that the requirements of this section and other applicable sections are met. This shall include routine cleaning and grease removal from the interceptor as needed to insure the proper operation of the interceptors.
(8) 
The following records must be maintained for a period of one year:
(a) 
A bound logbook in which a written record of all trap interceptor maintenance is entered, including dates, details of pump-outs or cleaning, details of repairs and any other pertinent records; and
(b) 
A written protocol for cleaning the grease trap; and
(c) 
A file containing copies of the plumbing system schematics, the permit, and all invoices, bills, etc. related to the maintenance of the grease trap or interceptor; and
(d) 
Disposal records of grease and other extractable matter, which must be disposed with a person or entity authorized to receive and dispose of such materials, which may not be disposed into the sewer system or as solid waste. These records must be produced when requested by a Village inspector.
(9) 
An affected nonresidential user may seek a waiver, exemption or relaxation from the requirements of this section if a New York State licensed professional engineer or New York State registered architect certifies that an alternative pretreatment device, technology, equipment or procedure varies from but is equivalent to those required by this section or as required by the Sewer Inspector. The Sewer Inspector shall make the initial determination in writing regarding the request. Within 30 days of receipt of this written determination, an aggrieved nonresidential user may appeal to the Village Board of Trustees in writing for a modification of the determination of the Sewer Inspector.
B. 
No trap or any manner of obstruction to the free flow of air through the whole course of the building sewer, building drain or soil pipe will be allowed, and no person shall, directly or indirectly, place, make, cause or allow to be placed or made any trap, contraption or other obstacle anywhere in the course of such sewer, building drain or soil pipe without the express written permission of and under the direction of the Village Sewer Inspector. If any such trap exists on any old building sewer, such trap shall be removed before the building sewer is connected to the village or a private sewerage system.
C. 
When required by the Sewer Inspector, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Sewer Inspector. 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.

§ 239-11.1 Disposal of cooking oils prohibited.

[Added 5-15-2007 by L.L. No. 5-2007]
It shall be unlawful to dispose of cooking oils into the Northport sewer system, either directly or indirectly. The grease and/or cooking oil from a Frialator or other frying system must be disposed of to a company or person licensed by the New York State Department of Environmental Conservation to remove and dispose of waste grease and/or oil. Pending pickup for such disposal, the grease and/or oil shall be stored in covered metal, steel or synthetic containers. Disposal records must be maintained and made available for inspection upon request for a minimum of one year.

§ 239-11.2 Low-flush toilets and urinals in commercial uses.

[Added 5-15-2007 by L.L. No. 4-2007]
A. 
All restaurant, tavern or bar uses that either discharge sanitary waste directly or indirectly into the Northport sewer system and/or are located within the territorial limits of the Village of Northport, including any establishment where there is any on-premises consumption of food or beverages, shall be required to maintain only low-flush toilets and low-flush urinals on premises on and after July 1, 2008. All other commercial uses that either discharge sanitary waste directly or indirectly into the Northport sewer system and/or are located within the territorial limits of the Village of Northport shall be required to maintain only low-flush toilets and low-flush urinals on and after July 1, 2009.
B. 
Any property owner claiming a financial hardship may apply to the Board of Trustees for an extension of the time in which to comply. The Board of Trustees shall determine whether and for how long an extension should be granted depending upon the degree of the hardship.

§ 239-12 Cleanouts.

There shall be an accessible cleanout on any building drain near its junction with the building sewer outside the building at at a wye branch fitting immediately inside the building.

§ 239-13 Methods for handling drainage below sewerage-system level.

A. 
Drainage from parts of drainage systems which cannot drain by gravity into the sewer shall be disposed of through sub-building (subhouse) drainage systems and discharged into the building gravity-drainage system by automatic equipment or by another approved method. Drainage and vent piping of sanitary sub-building drainage systems shall be installed in the same manner as for gravity systems, except that the building drains of such systems shall drain into airtight and vented sumps, ejectors or receiving tanks from which the sewage shall be discharged, as required herein. Sumps, ejectors and receiving tanks which receive only clear-water drainage, and from which sewage is excluded, need not be airtight and vented.
B. 
Drainage from building sewers which cannot drain by gravity into the village or a private sewerage system shall be discharged into airtight and vented sumps, ejectors or receiving tanks from which the sewage shall be discharged by automatic equipment, or by another method approved by the Sewer Inspector, into the public or a private sewerage system.
C. 
The air-pressure-relief pipe from a pneumatic ejector shall not be connected to the regular venting system, but shall be connected to an independent three-inch vent stack terminating, as required for vent extensions, through roofs. Such relief pipe shall be of sufficient size to relieve air pressure inside the ejector to atmospheric pressure within 10 seconds, but shall not be less than 1 1/2 inches in size.
D. 
Vents for building sewage sumps and receiving tanks, other than pneumatic ejectors, shall be sized as branch vents.

§ 239-14 Permit application; issuance; fee.

[Amended 8-17-1999 by L.L. No. 12-1999]
Before any work is commenced for or on any building sewer or building drain when the same is to be or is connected, directly or indirectly, with the village or a private sewerage system, plans, specifications and descriptions of the proposed work shall be filed, in duplicate, in the office of the Clerk of the Village of Northport, accompanied by an application for an approval thereof and the issuance of a permit to do the said work. Plans, specifications, description and application shall be upon a blank form obtained from the Clerk of the Village of Northport and signed by the owner of the premises to be served by such work, or his properly accredited agent, and by the contractor, person, firm or corporation who will actually perform such work. All plans, descriptions and specifications must conform to all the provisions of this article and to all the rules and regulations which are or may hereafter be made concerning such work. No work may be begun until a permit has been issued by the Clerk of the Village of Northport following the approval of the Sewer Inspector. For each such application a fee as set forth from time to time by resolution in Chapter 147, Fees, for each building to be served by such building sewer or building drain shall be paid to the Clerk of the Village of Northport.

§ 239-15 Restrictions on permits.

No permit for any work shall be issued for any work to be performed by any person, firm or corporation during the period that such person, firm or corporation is in default in complying with the terms of this article or in repairing or replacing any defective or imperfect work previously done.

§ 239-16 Display of permit at work site.

Any required permit shall at all times be kept at the site of the work and shown to any authorized agent of the Village of Northport upon demand.

§ 239-17 Street-opening permits.

No permit granted thereunder by the Village Clerk shall be construed to permit any interference with or disturbance of any public street or sidewalk pavement, or any excavation in any public roadbed, street bed, sidewalk or public place, unless the applicant shall have also obtained from the Village of Northport a street-opening permit as now required or as may hereafter be required by any ordinance or local law of the Village of Northport. No permit hereunder shall be deemed to authorize anything not stated in the application.

§ 239-18 Securing of permits from other jurisdictions.

Where any connection of a building sewer requires an excavation or opening in any road, street, sidewalk or public place in the Village of Northport not wholly under the jurisdiction of said village, permits therefor must be secured from the authorities having jurisdiction thereof.

§ 239-19 Notice of installation of building drains, sewers and connections.

The Sewer Inspector of the Village of Northport shall be notified at least 24 hours before the beginning of any installation of any building drain, building sewer or connections thereof.

§ 239-20 Certificate of inspection.

No work for which a permit has been issued shall be begun unless and until a certificate has been issued by the Sewer Inspector certifying that such work has been inspected and found to have been done in accordance with the requirements hereof.

§ 239-21 Insurance.

[Amended 8-17-1999 by L.L. No. 12-1999]
A. 
No person, firm or corporation shall carry on the business of installing a building drain or building sewers, nor shall install any building drain or building sewer or make any sewer connection in the Village of Northport, unless and until he or it shall have in place insurance as provided herein.
B. 
The contractor shall maintain at a minimum the following giving evidence of same to the owner in the form of certificates of insurance or copies of policies. The insurance carrier must be New York State licensed carrier with A.M. Best Rating of at least A IX. All subcontractors must adhere to worker's compensation, comprehensive liability, umbrella liability and auto liability and provide 30 days' notice of cancellation or material change.
(1) 
Worker's compensation and New York State disability:
(a) 
Coverage: statutory.
(b) 
Extensions:
[1] 
Voluntary compensation.
[2] 
All states coverage employers.
[3] 
Employers liability: unlimited.
(2) 
Commercial general liability:
(a) 
Coverage, occurrence: 1988 ISO or equivalent.
(b) 
Limits:
[1] 
General aggregate: $2,000,000.
[2] 
Products-Comp/Ops Aggreg.: $1,000,000.
[3] 
Personal and advert. injury: $1,000,000.
[4] 
Each occurrence: $1,000,000.
[5] 
Fire damage (any one fire): $50,000.
[6] 
Medical expenses (any one person): $5,000.
(c) 
Additional insured: municipality using ISO form CG2012 or equivalent.
(d) 
Special: hold harmless as per sample or equivalent.
(3) 
Automobile insurance:
(a) 
Coverage: standard New York policy insuring all owned, hired and nonowned vehicles.
(b) 
Limits (minimum limit): $1,000,000 CSL.
(c) 
Additional insured: municipality.
(4) 
Umbrella liability (recommended):
(a) 
Coverage: umbrella form (not excess).
(b) 
Suggested limit: $5,000,000.
(c) 
Additional insured: municipality.
(5) 
Sample hold harmless agreement/contractor. The contractor shall indemnify and hold the municipality harmless against any claim of liability or loss including the cost of defense for personal injury or property damage resulting from or arising directly or indirectly out of or resulting from the permit holders operations within the municipality, including losses arising out of the negligent acts or omissions of the contractor, its servants or agents, and any subcontractors, its servants or agents.

§ 239-22 Prohibitions.

No person, firm or corporation shall cause, allow or permit:
A. 
The discharge of sewage from any building or structure into or upon any highway, public ground, private way, stream, watercourse, body of water, ditch, surface or subsurface groundwater drain or stormwater drain or sewer.
B. 
Any uncovering, obstruction, breaking, interruption or any manner of interference with any portion of the village or a private sewerage system unless a permit has been issued therefor.
C. 
Any connection to be made with any portion of the village or a private sewerage system unless a permit has been issued therefor.
D. 
Any portion of a private sewerage system to be connected to the village sewerage system except with the consent of and upon such terms and conditions as the Board of Trustees of the Village of Northport may impose, provided that any such consent shall require the applicability of the provisions thereof to the construction, use, operation and maintenance of any such private sewerage system.
E. 
Any building sewer connected to the village or a private sewerage system to be also connected with any private vault, cesspool, septic tank, private disposal system or underground drain, or channel conveying water, sewage or filth.
F. 
The discharge into the village or a private sewerage system of wash or rinse waters from commercial laundries, laundromats, car washes or similar establishments, except by special permission of the Board of Trustees of the village.
G. 
The discharge into the village or a private sewerage system of any of the following described materials, substances or wastes:
(1) 
Stormwater, surface water, groundwater, roof runoff, subsurface drainage, overflow from any spring or well, or water from any cellar drain, sump pump, air-conditioning system, swimming pool, bathing pool or floor drains of public or private garages.
(2) 
Gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(3) 
Any water or waste containing toxic or poisonous solids, liquids or gases which either singly or by reaction with other wastes may be injurious to or may interfere with any sewage-treatment process, may constitute a hazard to human, animal or marine life, may create a public nuisance or may create any such hazard in the receiving waters of a sewage-treatment plant, including but not limited to cyanides.
(4) 
Any water or waste having a corrosive property capable of causing damage or hazard to structures, equipment or personnel of the village or a private sewerage system.
(5) 
Any solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the village or a private sewerage system such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper or plastic dishes, cups or other containers, either whole or ground by garbage grinders.
(6) 
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
(7) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32º F. and 150º F. (0º C. and 65º C.).
(8) 
Any garbage that has not been properly shredded. The use of commercially manufactured garbage grinders is permitted when installed in accordance with manufacturer's specifications, if capable of producing a finely divided mass which can be flushed into the drainage system with an ample supply of water and equipped with a motor of less than 3/4 horsepower (.76 horsepower metric). Grinders with motors of greater horsepower shall be subject to the review and approval of the Sewer Inspector.
(9) 
Any water or waste containing strong acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
(10) 
Any water or waste containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement.
(11) 
Any water or waste containing phenols or other taste- or odor-producing substances, in such concentrations which, after treatment of the composite sewage, may fail to meet the requirements of the state, federal or other public agencies of jurisdiction for discharge to the receiving waters.
(12) 
Any radioactive waste or isotopes.
(13) 
Any water or waste having a pH in excess of 9.5.
(14) 
Any materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage-treatment works.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
(15) 
Water or waste containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage-treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
H. 
The discharge into the village or a private sewerage system of sewage or waste from cesspool cleanings, scavenger processes or any source other than from buildings, structures or premises directly connected by means of a building sewer to the village, or a private sewerage system, except when expressly permitted by the Board of Trustees of the Village of Northport.

§ 239-23 Severing of connections by village.

The Board of Trustees may at any time, in its discretion, stop and prevent the discharge into any village or private sewer forming a part of the village or a private sewerage system of any substance deemed by it potentially or actually injurious to, of interfering with, obstructive of or hindering the normal operation and processes of such sewerage system; and it may, at any time, in its discretion, without notice and without recourse, sever the connection and cause the removal of any building sewer through which such detrimental substances are discharged.

§ 239-24 Applicability to contracts with systems outside village.

In the event the Village of Northport contracts or agrees with the owners of any private sewerage system or with the governing body of any municipal or district sewerage system (regardless of whether a complete system for receiving, collecting, treating and disposing of sewage or only a partial system for some of said purposes) located wholly or partially outside the limits of the Village of Northport, or on the effective date of this article has contracted or agreed with any of them, to provide the services of the village sewerage system for further collecting, treating and disposing of sewage originating in the areas served by such systems, all such contracts or agreements of any renewal of any such existing contracts or agreements, shall provide that:
A. 
All provisions of §§ 239-22 and 239-23 of this article shall apply to the use and operation of such other system.
B. 
All provisions of §§ 239-7, 239-8, 239-9, 239-10, 239-11, 239-12, 239-13, 239-14 and 239-19 of this article shall also apply to such other systems to the extent that same are not in conflict with any local laws, ordinances, rules or regulations governing the same matters in the area where such other systems are located.

§ 239-25 Waivers.

In any particular case or situation, any provision hereof other than that relating to the requirement of connecting to the village or a private sewerage system, or to penalties hereunder, may be waived by the Sewer Inspector if, in his opinion, such waiver will not be at variance with the general purpose and intent of this article, will not endanger or cause interference with the village or a private sewerage system and will not create or contribute to a health hazard or an unsanitary condition. The granting of any waiver shall be limited to a particular application and shall not be a precedent for granting the same waiver in the future. All waivers granted by the Sewer Inspector other than pertaining to technical aspects of methods of installation or materials shall be reported in writing by the Sewer Inspector to the Board of Trustees of the village for ratification and shall not become effective until so ratified.

§ 239-26 Rules and regulations.

The Sewer Inspector may promulgate rules and regulations, not inconsistent herewith, designed to amplify, clarify or implement any of the provisions hereof and to create further administrative procedures for the administration and enforcement hereof. Any such rules and regulations shall not become effective unless submitted in writing to and approved by the Board of Trustees of the village.

§ 239-27 Enforcement.

This article shall be enforced by the Sewer Inspector and deputies duly appointed by the Board of Trustees of the Village of Northport.

§ 239-28 Penalties for offenses.

[Amended 8-17-1999 by L.L. No. 12-1999]
Any person, firm, association or corporation who shall violate any provision of this article, or who shall fail to comply herewith, or who shall violate or fail to comply with any regulation or demand hereunder, shall, for each and every violation and for each and every day that such violation continues, be subject to a fine of not more than $250, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Every 24 hours' continuation of such violation shall constitute a separate offense.
[Adopted 8-2-2010 by L.L. No. 7-2010]

§ 239-29 Purpose and intent.

Pursuant to Article 14-F of the New York State General Municipal Law, there is hereby established and imposed a system of sewer rents applicable to the Village sewerage system in accordance with the provisions of this article and which shall consist of annual charges assessed against properties that discharge into the Village sewerage system. The aggregate annual sewer rents as provided in this article shall be applied to pay a portion of the costs of the operation, maintenance and repair of the sewerage system of the Incorporated Village of Northport.

§ 239-30 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PART
As used in relation to the term "sewerage system," all lateral sewers, all branch sewers, all interceptor sewers, all trunk sewers, and any sewage treatment and disposal works, each part with necessary appurtenances, including sewage pumping stations.
PROPERTY
Real property that may consist of one or more tax lots or a division thereof, any improvement to or item thereon, or any division of an improvement, such as a dwelling unit or commercial enterprise, that receives water.
SEWAGE
Water-carried human or animal wastes, and any liquid waste, whether or not containing animal or vegetable matter, in suspension or solution, which may include liquids containing chemicals in solution from residences, buildings, commercial and industrial establishments, or other places, together with such groundwater infiltration and surface water as may be present.
SEWER RENTS
A scale of annual charges established and imposed by the Village of Northport for the use of the municipal sewerage system or any part or parts thereof. Such charges may be based on the consumption of water on the premises connected with and served by the sewerage system or such part or parts thereof or upon any other equitable basis determined by the Board of Trustees, including but not limited to any combination set forth in Article 14-F of the New York State General Municipal Law. The overall amount to be collected shall be determined by the Board of Trustees and included in the annual adopted budget and, except as provided for in § 239-32K, may not exceed 25% of the projected annual gross operating costs of the sewerage system, which shall include all expenses for which sewer rents may be lawfully charged.
SEWER USER
Any person or entity that is responsible for either or both: directly paying a water source; or controlling the receipt of water from any water source, for water delivered to a property from which sewage is discharged into Northport's municipal sewerage system.
A. 
While owner(s) of property may charge tenants for this sewer rent, the owner(s) shall be solely liable to the Village for payment of sewer rents and the failure of tenants to reimburse a property owner(s) shall not be a defense to the obligation to pay sewer rents charged hereunder.
TOTAL WATER DELIVERED
The total volume of water delivered to a property by all water sources over the course of one year, for which a sewer user is responsible. The total volume of water shall be the sum of the volume of water metered by, or otherwise calculated by, the water source(s). The Village of Northport shall estimate any portion of the total water delivered if no metered or estimated volume is obtainable from the water source.
WATER SOURCE
Any entity that delivers water to a property, such as Suffolk County Water Authority, as well as any other source of water delivered to a property, including such source as a well, whether or not that water is drawn from said property.

§ 239-31 Sewer rent fund.

In accordance with Article 14-F of the New York State General Municipal Law, revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund, to be known as the "Sewer Rent Fund." Moneys in such fund shall be used in the following order:
A. 
For the payment of a portion of the costs of operation, maintenance and repair of the sewerage system of the Incorporated Village of Northport.
B. 
For the payment of the interest on and amortization of, or payment of, indebtedness which has been or shall be incurred for the construction of the sewerage system or such part or parts thereof for which sewer rents have been established and imposed (other than indebtedness, and the interest thereon, which is to be paid in the first instance from assessments upon benefited real property).
C. 
For the construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the extension, enlargement, or replacement of, or additions to, such sewerage systems, or part or parts thereof. Such revenues from sewer rents shall not be used:
(1) 
To finance the cost of any extension of any part of a sewerage system (other than any sewage treatment and disposal works with necessary appurtenances. including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of real property especially benefited; or
(2) 
For the payment of the interest on and the amortization of, or payment of, indebtedness which is to be paid in the first instance from assessments upon benefited real property.

§ 239-32 Determination and administration of charges.

A. 
All property owners who install a water meter approved by the Village of Northport shall be eligible to apply for an adjustment in their sewer rent due hereunder. The Village of Northport approved water meter shall be used to calculate any reduction to the property owner's sewer rent bill. The water meter shall be the exclusive method in which a property owner can establish the degree of and amount of water usage which is not being discharged into the sewer system, thereby being eligible to receive a credit from the sewer rent bill. Such application shall be the exclusive method to establish any reduction in the sewer rent due hereunder. The type, model and installation of the water meter must be approved by the Village of Northport and the property owner must consent to Village personnel going on their property for the purposes of reading the water meter. If a property owner decides not to install a water meter authorized and approved by the Village of Northport the property owner's recourse shall be limited to an automatic reduction of 10% off their sewer rent bill for water that does not enter the sewer system. Notwithstanding the above, if a property owner does not install a water meter approved by the Village of Northport, but the property owner can establish by a preponderance of the evidence and said evidence is substantiated by the Suffolk County Water Authority that the property owner had a leak causing the property owner's water usage to substantially increase because of said leak, and said water usage did not result in discharges to the sewer system, then the property owner may apply to the Board for a reduction greater than 10%. Deadlines for requesting this adjustment shall be determined by the Board of Trustees with written notice by regular mail to all commercial properties and notices posted in Village Hall and on the Village website. The Board may designate other Village officials to hear the evidence presented and to make recommendations to the Board. The filing of an application for an adjustment does not relieve property owners from the obligation to make timely payment of sewer rents. In the event the Board grants an adjustment and the sewer rent has already been paid, a refund shall be promptly made but in no event more than 90 days from the date the application was made. Interest at the rate of 3% per annum shall be paid on all refunds paid after this deadline.
[Amended 10-6-2015 by L.L. No. 6-2015]
B. 
The water usage for residential properties shall be reduced by 10% in consideration of water uses that are not discharged into the sewer system.
C. 
All property owners may apply to the Board of Trustees for an adjustment of the amount of their water usage which is used to calculate the sewer rents due hereunder. Such application shall include all evidence to establish the degree and amount of water usage which is claimed to be applied for any water uses which do not result in discharges into the sewerage system or any reason why the property owner claims that the water usage amount is incorrect. Based upon the preponderance of the evidence presented, the Board may grant an adjustment of the water usage, depending on the volume of water usage it finds is not discharged into the sewerage system. Deadlines for requesting this adjustment shall be determined by the Board of Trustees with written notice by regular mail to all commercial properties and notices posted in Village Hall and on the Village website. The Board may designate other Village officials to hear the evidence presented and to make recommendations to the Board. The filing of an application for an adjustment does not relieve property owners from the obligation to make timely payment of sewer rents. In the event the Board grants an adjustment and the sewer rent has already been paid, a refund shall be promptly made but in no event more than 90 days from the date the application was made. Interest at the rate of 3% per annum shall be paid on all refunds paid after this deadline.
D. 
For the purposes of this article, residential properties are all properties solely devoted to residential dwelling usage. All other properties, including those which have combined residential and commercial use, shall be classified as a commercial property for the purposes of this article.
E. 
Sewer rents shall constitute a lien upon the real property served by the sewerage system or such part or parts thereof for which sewer rents shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
F. 
The Board of Trustees of the Incorporated Village of Northport may bring and maintain an action as upon contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents. As an alternative to the maintenance of any such action, the Board of Trustees, as the case may be, may annually cause a statement to be prepared, setting forth the amount of each lien for sewer rents in arrears, the real property affected thereby and the name of the person in whose name such real property is assessed. Such statement shall be presented to the Board of Trustees, as the case may be, on or before a date to be specified by such Board. Such Board shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as city, village, county or town taxes, as the case may be, and such amounts shall be set forth in a separate column in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of city, village, county or town taxes, as the case may be.
G. 
Prior to the adoption of a final budget for each year, the Board of Trustees of the Village of Northport shall determine the total annual costs of operation and maintenance of the sewerage system that are necessary to maintain the capacity and performance of the sewerage system and the portion thereof that shall be charged to the users of the sewer system. The determination of such costs shall serve as the basis for the calculations of sewer rents. Except as provided in Subsection K, this amount may not exceed 25% of the projected annual gross operating costs of the sewerage system, which shall include all expenses for which sewer rents may be lawfully charged.
H. 
The sewer rents shall be based on the amount of water delivered to properties connected to the Village sewerage system which are liable for sewer rents hereunder. The Village shall obtain readings from water sources such as the Suffolk County Water Authority to determine the amount of water delivered to each sewer user.
I. 
The properties owned by the Incorporated Village of Northport shall be exempt from sewer rents.
J. 
Properties located outside of the territorial limits of the Incorporated Village of Northport which are connected to the Village sewerage system are liable for charges in accordance with the terms of existing agreements with the Village and are not in addition liable for sewer rents unless authorized by existing or subsequently amended agreements.
K. 
The amount collected for sewer rents hereunder may exceed the amount budgeted and authorized by up to 10% solely to provide for sufficient funds to pay refunds due as a result of successful applications for adjustments. In the event there remain excess funds after payment of refunds, then those funds shall remain designated for payment of refunds for future years and shall be used to reduce the amount collected for this purpose from the following year's sewer rent.
L. 
Adjustments to sewer rents granted to property owners in prior years may be continued if the Board of Trustees finds that such adjustments fairly and accurately reflect water usage and discharges into the sewer system for the current year. The Board may require additional information or may rely upon information previously supplied. The sewer rent rate applicable to all properties shall take into consideration the adjustments that are continued.
[Added 9-20-2011 by L.L. No. 4-2011]

§ 239-33 Use of other revenues.

Subject to the provisions of the New York State General Municipal Law, the establishment and imposition of sewer rents shall not prevent the use of other revenues of the Village of Northport for the payment of a part of the costs, for any fiscal year, of operation, maintenance and repair of the sewerage system or any part or parts thereof for which sewer rents have been established and imposed or for the payment of interest on and amortization of, or payment of, indebtedness therefor.

§ 239-34 Applicability.

All real property connected to the Village sewerage system shall be subject to such sewer rents as may be imposed or levied pursuant to this article, except for properties identified in § 239-32I and J herein. The owner(s) of said real property liable for sewer rents shall be responsible to the Village for payment of sewer rents.

§ 239-35 Sewer utilization forms.

A. 
Sewer users and the owner of every property using the Village sewerage system shall file sewer utilization forms to obtain information regarding discharges into the sewerage system. Each form shall contain a sworn statement made by the sewer user and owner with full knowledge of the facts disclosed and shall be bound to the truthfulness and accurate disclosure of the information under penalty of law. The Village may require no more than one such form from each sewer user and property owner annually unless special circumstances require an additional form or further information.
B. 
As to any property which has had a change of use, an updated sewer utilization form must be filed within 30 days of official permanent change. For the purposes of this article, "change of use" shall mean the change of use from residential to commercial, or vice versa, of any portion of the property or a change of use from one commercial use to another where the new commercial use has a greater parking requirement under the zoning code of the Village.[1]
[1]
Editor's Note: See Ch. 306, Zoning.
C. 
A separate sewer utilization form shall be filed by each of the commercial establishments, associations, clubs, marinas, apartment buildings, single-family, two-family, three-family and multifamily residences and offices, which includes each and every separate entity, for-profit and not-for-profit.
D. 
The penalty for the failure to file the certificate shall be $100 for each thirty-day period the certificate is not filed.
E. 
The Village Assessor shall make the final determination as to the classification of each property.

§ 239-36 Appeals.

A sewer user may apply to the Board of Trustees for review of any determinations made by Village officials under this article. Determinations by the Board of Trustees are subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules.

§ 239-37 Schedule for bills and payments; penalty for late payment; liens and collection.

A. 
The sewer rents shall be billed annually on the first of October of each fiscal year.
[Amended 1-18-2011 by L.L. No. 1-2011]
B. 
Bills and payments.
(1) 
Residential: Bills for sewer rents will be mailed to the residential owners of all Village sewer connections on an annual basis.
(2) 
Commercial: Bills for sewer rents will be mailed to the commercial owners of all Village sewer connections on an annual basis.
(3) 
All bills shall be due and payable without penalty within 30 days of rendering.
C. 
A penalty will be levied against the unpaid sewer rents and shall be added to the delinquent amount.
(1) 
There shall be a charge of 1 1/2% per month on the sewer rent bill, beginning 31 days after the date of the bill. The penalty shall be added for each succeeding month or any portion of a month in which the sewer rent is not paid.
(2) 
Notwithstanding the foregoing, for good cause shown, the Board of Trustees may waive or reduce the penalty for the late payment of 2010-2011 sewer rents, provided payment is made no later than December 1, 2010.
D. 
Liens and collections.
(1) 
In accordance with New York State General Municipal Law § 452, unpaid sewer rents, penalties and interest shall become a lien upon the real property.
(2) 
Delinquent accounts shall be collected in a manner provided for in the General Municipal Law and this article.
E. 
The Board of Trustees may by resolution change the dates specified herein on which the sewer rents are billed and due and when penalties for late payment start to accrue, provided that the bills for each fiscal year must be rendered no later than January 27 of the fiscal year in which they are due.
[Added 1-18-2011 by L.L. No. 1-2011]

§ 239-38 Consistency with General Municipal Law.

This article shall be construed in a manner consistent with the provisions of Article 14-F of the New York State General Municipal Law.