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Set Public Hearing\Chapter 137 Septic Inspection Upon Property Transfer-NEW CHAPTER—9-24-18
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO._ OF 2018 ENACTING CHAPTER 137 ENTITLED,
"SEPTIC INSPECTION UPON PROPERTY TRANSFER" TO THE
QUEENSBURY TOWN CODE
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law
whereby prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone, property that utilizes an on-site wastewater treatment system must be
inspected by the Town's Building and Codes Enforcement Office, and
WHEREAS, proposed Local Law No.: of 2018, "A Local Law Enacting Chapter 137
Entitled `Septic Inspection Upon Property Transfer' to the Queensbury Town Code," is
presented at this meeting, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday,
October 15"', 2018 to consider proposed Local Law No.: of 2018 in substantially the form
presented at this meeting and to hear all interested persons, and at that time may take any other
actions authorized by law concerning proposed Local Law No.: of 2018,and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's website and public bulletin board at least 10 days before the date of
the Public Hearing.
Duly adopted this 240'day of September,2018,by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS&ORDINANCES\Chapter 137—NEW CHAPTER—Septic Inspection Upon Property Transfer—October 15 2018
LOCAL LAW NO.: OF 2018
A LOCAL LAW ENACTING CHAPTER 137 ENTITLED
"SEPTIC INSPECTION UPON PROPERTY TRANSFER" TO THE
QUEENSBURY TOWN CODE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS.
SECTION 1. Queensbury Town Code Chapter 137, "Septic Inspection Upon Property
Transfer"is hereby enacted as follows:
§ 137-1 Title. This Chapter, shall be known as "Septic Inspection Upon Property
Transfer."
§ 137-2 Statutory Authority. Enactment of Chapter 137 of the Queensbury Town Code
is pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law.
§ 137-3 Findings and.Intent. The intent of this Chapter is to better protect waterbodies
from exposure to excess nutrients and pollutants. The Town of Queensbury finds that the
occurrence of such nutrients and pollutants is increased by the presence of inadequately
functioning septic systems proximate to waterbodies. In addition, such septic systems are more
likely to be a threat to public health with particularly acute impacts upon the general public
through impairing and contaminating precious ecological resources of the Town of Queensbury
and rendering drinking water unsafe. In determining the geographic scope of this Chapter, the
Town further finds that it is desirable and efficient to rely upon the zoning district boundaries of
the Town of Queensbury Waterfront Residential (WR) zone as properties within this zoning
district are proximate to waterbodies within the Town. As to waterbodies not surrounded or
adjacent to such zoning district, such properties are zoned in such a )Wanner that has adequately
protected and will continue to protect such waterbodies and additional regulation is not currently
needed in such areas at this time
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§ 137-4 Compliance Required.
A. Applicability.
This Local Law shall apply to conveyances of real property located wholly or partially in
the Waterfront Residential Zone, as defined in the Town Code, occurring on September 1, 2018,
and thereafter.
B. Property Transfer Inspections.
1. Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an On-site Wastewater Treatment System
(OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes
Enforcement Office (herein referred to as the Building and Codes Enforcement Office). The
inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all
seepage pits and septic drainfield.distribution boxes (D-box);accepting effluent from a septic
tank must be uncovered and opened by the property owner or their agent prior to inspection.
The property transfer inspection and pump out shall be arranged by the property owner as early
in the conveyance of real property process as possible in order to obtain an accurate and timely
assessment of the OWTS. The property owner must make arrangements with the Building and
Codes Enforcement Office to schedule-the inspection no less than forty eight (48) hours
advance notice and shall coordinate with the septic hauler to be on site simultaneously. The
cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the
Town of Queensbury prior the inspection.
2. No such conveyance shall take place subject to this Chapter until and unless 1)
the owner/seller has obtained from the Building and Codes Enforcement Office a letter of
acknowledgement demonstrating satisfactory compliance with this Section; 2) the owner/seller
has obtained a variance/waiver from the Town Board in accordance with this Chapter; or 3) the
conveyance is exempt from the property transfer inspection requirements and the owner/seller
complies with all applicable provisions for exemption set forth in this Chapter.
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J. As used herein, the term "conveyance of real property" shall mean the transfer of
the title of real estate, in the form of a deed or other legal instrument, whether or not recorded
in the Office of the Warren County Clerk. It shall be violation of this law not to have the
property inspected prior to the conveyance of real property.
4. The Building and Codes Enforcement Office will issue to the property owner a
letter of acknowledgment demonstrating complianee that the OWTS is functioning properly
with this Se�� following inspection if 1) the OWTS complies with all applicable design
standard requirements set forth in Town Code Chapter 136,,this Chapter, Appendix 75-A and
the NYSDEC Design Standards, and is functioning adequately or,2)the OWTS is a Preexisting
System pursuant to Chapter 136 of this Code acid the system :inspection was satisfactory
pursuant to the New York Onsite Wastewater Treatment Training Network (OTN) System
Inspection Site Report evaluation or 3) the property owner has obtained a variance from the
Town Board acting as the Local Board of Health.
5. The OWTS inspection shall utilize the New York Onsite Wastewater Treatment
Training Network materials,_including the OTN System Inspection Request Form, Findings
Worksheet and Site Report (Inspection Findings) all of which shall be available in the Building
and Codes Enforcement Office. The following minimum standards shall apply to each
inspection:
a. All septic tanks must-be within'two hundred fifty (250) gallons of the minimum
volume,requirement;
b. All holding tanks- shall be equipped with a float switch and high level alaim
located in a conspicuous place to indicate when pump out is necessary. A copy of pump
out records shall be submitted during the inspection prior to conveyance of real property;
c. For an aerobic treatment system or enhanced treatment unit (ETU), the new
owner must send a signed copy of an updated service contract to the Town within thirty
(30) days after the conveyance of real property;
d. If the onsite wastewater treatment system is determined to be failing or
inadequate, a written Notice of Violation will be issued. An approved compliance
agreement to correct the violation must be obtained prior to conveyance of real property;
e. If the property was the subject of a letter of acknowledgement from the Building
and Codes Enforcement Office within 12 months prior to the conveyance, the provisions
of this Section have been met and no additional inspection shall be necessary to comply
with this Section.
C. Exemption from Property Transfer Inspection. The following conveyances of
real property shall be exempt from the provisions of this law.in the following situations and
pursuant to the terms identified below:
1. The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure. In order to qualify for the exemption, a notarized
affidavit must be submitted to the Building and Codes Enforcement Office stating that a) the
dwelling will not be inhabited and that it will be demolished with no immediate plans to
rebuild or b) the dwelling will not be inhabited, it will be demolished and rebuilt in which case
the Affidavit shall be accompanied by ;a site plan including adequate detail to demonstrate a
lawful OWTS together with a check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2000). Such funds will be held in a non-interest bearing escrow account
and will be released in the former.case, upon issuance of a Demolition pen-nit and, in the latter
case, upon issuance of a Certificate of Occupancy from the Building and Codes Enforcement
Office.
2. An OWTS inspection was not able to be completed prior to the conveyance of
real property due-to inclement weather. In order to qualify for the exemption, a notarized
affidavit from the iiew property owner to complete the requisite OWTS inspection within six
(6) months of the date of the conveyance of real property, or June 1, whichever comes first,
must be filed with the Building and Codes Enforcement Office. A check payable to the Town
of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest
bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office.
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3. During the OWTS inspection, a failure of the septic system was determined. Due
to winter and frozen conditions, the repair to an existing OWTS could not occur or a new
OWTS could not be installed before the conveyance of real property. In order to qualify for
the exemption, a notarized affidavit from the new property owner to complete the installation
or repair of the septic system within six (6) months from the date of the conveyance of real
property, or June 1, whichever comes first, must be filed with the Building and Codes
Enforcement Office. A check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be
released upon the completion of the repair or installation of a new septic system and a
satisfactory OWTS inspection from the Building and Codes Enforcement Office.
4. There is record of the property's OWTS system having passed Town inspection
within the last three (3)years.
5. Failure to complete the ` inspection, obtain the permit or complete all
repairs/installations identified in the preceding paragraphs of this section within the time
provided or any subsequent deadline established.'by the Building and Codes Enforcement
Office will result in forfeiture of the moneys held in escrow and the Town may use such funds
toward abating the conditions caused by each such violation of this Chapter.
D. Failure of OWTS. Failure of an existing OWTS occurs when the standards for
lawful OWTS as set forth in Chapter 13-6 and this Chapter are not met. While not exhaustive,
some examples of a.failing system include the following:
1. Lack of a pre-treatment vessel (i.e. septic tank, aerobic treatment unit, ETU, etc.)
prior to effluent discharge to any subsurface treatment(soil treatment area or absorption field);
2. There is a discharge of effluent directly or indirectly to the ground's surface,
with surface breakouts, ponding or saturated soils over the soil treatment area;
3. Direct pipe surface discharge of grey water (into a dry well, over an
embankment, into a roadside ditch or stream/tributary, etc.);
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4. A dye test results in the presence of dye on the ground surface or adjacent /
downstream waterbody;
5. There is a backup of sewage into the home, building, septic tank or facility as a
result of a septic tank overload or malfunction, or a clogged soil treatment area;
6. The septic tank requires pumping more than four times per year and/or sewage is
observed flowing back into the septic tank from the secondary treatment area during pump out;
7. Presence of a metal septic tank that is undersized and/or corroded;
8. A cesspool, defined as a covered hole or pit-used to receive untreated sewage
from a house or building constructed as a primary source of wastewater disposal.
9. A holding tank that discharges effluent to surrounding sub-surface areas.
10. No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA)
shall be permitted to discharge to any natural outlet or adjoining property.
E. Access to Parcel for Inspection. On properties for which an OWTS inspection
has been requested by the owner or owner's agent pursuant to this Chapter, the Building and
Codes Enforcement Office shall>be permitted by the property owner to make a physical
inspection of the lands and premises-in order to detei-rnine compliance with this Chapter.
§ 137-5. _. Review.
Appeals from determinations of the Building and Codes Enforcement Office and/or requests for
variance/waivers from the provisions of this Section must be sought from the Town of
Queensbury Town Board,as the Local Board of Health within 60 days.
A. Forms for such Appeals and/or requests for variance and waivers will be made
available to the public in the Building and Codes Enforcement Office. Such forins must be
properly filled out and must be submitted to the Building and Codes Enforcement Office with
payment of the applicable fee as established by the Town Board.
B. In evaluating appeals form determinations of the Building and Codes
Enforcement Office, the Town Board may consider whatever information it deems relevant,
including any evidence or information submitted by the Applicant and any information obtained
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from the Building and Codes Enforcement Office and/or Town Engineer. In the event additional
information is needed, the Town Board may direct a subsequent inspection of the OWTS at
issue, in which case the Applicant will not be required to make any additional inspection
payments.
C. In regard to any request for variance or waivers, such Applications will be
governed by the procedure set forth in Town Code Section 136-44.1(c)(1)-(3). The Town Board
should take into consideration all matters it deems relevant,<including the age of the OWTS,
whether it appears to be functioning, its proximity to any,waterbody, its age, the circumstances
concerning the request for variance or waiver and the hardship to the property owner in the event
no variance or waiver is granted.
D. The above remedies shall be exhausted prior to any judicial review.
§ 137-6 Notice of Violation and Penalties
A. If a property owner fails to complete an inspection required by this local law, or to
allow access to the property for the required inspection; or if the property owner fails to comply
with any other provision of this law, a Notice of Violation may be issued by the Building and
Codes Enforcement Office mandating the compliance with the inspection requirements.
B. In the event the:property owner in its capacity as grantor was issued a Notice of
Violation and such violation continues for a period of six (6) months, the current property owner
(or grantee) too shall be deemed to be in violation of this local law and may be subject to
enforcement proceedings.
C. An offense against`>any provision of this local law shall constitute a violation,
punishable by a fine not exceeding Nine Hundred and Fifty Dollars ($950), or imprisonment for
a term not exceeding 15 days, or both. Each week such violation continues after notification to
the person in violation shall constitute a separate violation.
SECTION 2. Severability
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
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circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this Local Law, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon filing with the New York State
Secretary of State.
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