LL 04 Sewers and Sewage Disposal Local Law Filing r NEW YORK STATE DEPARTMENT Of STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
XXCW Queensbury
Town of .................... ....................
•........................................
Maw
Local Law No. .................................................... of the year 19 ..97.
1 A local law .............Revisng Chapter 136. . ...Entitled. . . , "Sewers and Sewage Disposal
.............................................. ...... ..................................................................................................
(Insert Title)
Be it enacted by the .... Town Board .....of the
(Name of Legislative Body)
X
CAM of .................................... Queensbury „.,.„,,,,,,,,,,,,,,,,,,,as follows:
Town ........ ..........................................................................
XXX
SECTION 1 . Section 136-5 of Chapter 136 of the Code of the
Town of Queensbury entitled "Sewers and Sewage Disposal", is hereby
amended by adding two new paragraphs as follows:
D. It shall be unlawful for any person to use, occupy
or maintain any building, residence or dwelling
with -a failed . on-site sewage disposal system,
including but not limited to failed individual
sewage disposal systems or failed preexisting
individual sewage disposal systems; or, to use any
such system that is a source of pollution to
surface water or groundwater or interferes with the
use and enjoyment of the property and/or
neighboring property.
E. An individual sewage disposal system shall be
deemed to have failed if groundwater or surface
water is shown to contain sewage which has leached
from the system. In • addition, if a dye test is
performed and the dye is found anywhere upon the
property or within the dwellings or outbuildings
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/90)
that are on the property and/or neighboring
property, the individual sewage disposal system
shall be considered failed. The enforcement
officer may conduct or cause to be conducted the
dye test, upon reasonable notice to the owner or
occupant, if, in his sole discretion, he has reason
to believe that the system has failed. The dye
test shall be considered prima facie evidence in
any Court that the system has failed. Upon
reasonable notice to the owner or occupant, the
enforcement officer, in his sole discretion, may
conduct or cause to be conducted further testing,
including water sampling or excavation, to
determine what has caused the failure and how it
should be remediated.
SECTION 2 . Section 136-6 of the Code of the Town of
Queensbury is hereby amended to revise two definitions to read as
follows :
MAJOR REPAIR/ALTERATION/ENLARGEMENT - Any replacement or
reconstruction of the septic tank or the leaching facility of
an individual sewage disposal system or any other repair or
replacement not otherwise defined as a minor repair.
MINOR REPAIR - The replacement or repair of pipe(s) between
the septic tank and the house, replacement or repair of
pipe(s) between the septic tank and the distribution box,
replacement or repair of pipe(s) between the distribution box
and the seepage pit, or replacement or repair of the
distribution box.
SECTION 3 . Section 136-8 of the Code of the Town of
Queensbury is hereby amended to add a new paragraph "E" to read as
follows :
(2)
E. All septic tanks must be installed below the grade as it
existed prior to the installation of the septic tank.
SECTION 4 . Section 136-11(A) of the Code of the Town of
Queensbury is hereby amended to read as follows:
A. Holding tanks are prohibited unless a variance is granted
for a holding tank by the Local Board of Health, pursuant
to the variance provisions at §136-18 to §136-20 of this
Chapter.
SECTION 5 . Section 136-11(B) of the Code of the Town of
Queensbury is hereby amended and a new subparagraph ( 18) is added
to read as follows :
B. In the event the Local Board of Health grants a variance
authorizing use of a holding tank, the design and
installation of the holding tank and alarm system shall
comply with the following specifications:
( 18) All holding tanks must be installed below the grade
as it existed prior to the installation of the
holding tank.
SECTION 6 . Section 136-12 of the Code of the Town of
Queensbury is hereby amended to read as follows:
Subject to the provisions of this Part 1, the use or
maintenance of a properly functioning preexisting individual sewage
disposal system may be continued, but it shall be unlawful to
alter, enlarge, repair or extend such systems except in conformity
with the provisions herein. Notwithstanding the foregoing or any
other provisions of this Chapter, pursuant to §179-16(G) of the
Town Zoning Ordinance, a preexisting individual sewage disposal
system must conform to this Part I if it is used in connection with
(3)
an existing structure located in a WR-3A or a WR-lA Waterfront
Residential Zoning District in which the floor area of the
structure is increased. This Article shall not be construed to
permit any unsafe use, structure or failed preexisting individual
sewage disposal system. Nor shall this Article be construed to
permit any structure or failed preexisting individual disposal
system when such structure or disposal system constitutes a threat
to the public health, safety, welfare or environmental quality or
permits the seepage of sewage waters to the ground, surface water
or groundwater or interferes with the enjoyment or use of property
and/or neighboring properties.
SECTION 7 . Section 136-13(A) and (B) of the Code of the
Town of Queensbury are hereby amended to read as follows :
A. It shall be unlawful to repair, alter or enlarge a
preexisting individual sewage disposal system, except
that:
( 1) Minor repairs and minor alterations may be
undertaken without a permit.
(2) Major repairs, major alterations or major
enlargements may be undertaken pursuant to a
disposal system building permit.
B. It shall be unlawful to use any system that has undergone
major repairs or major alterations unless a disposal
system use permit is issued pursuant to Article IV of
this Part 1 .
SECTION 8. Section 136-14(C) of the Code of the Town of
Queensbury is hereby amended to read as follows :
C. Duty of Director of Building and Code Enforcement. The
Director of Building and Code Enforcement, or his/her
(4)
designee, shall be the Enforcement Officer, and is
referred to throughout this Part I as the Enforcement
Officer or the Director of Building and Code Enforcement.
It shall be the duty of the Director of Building and Code
Enforcement to inspect all facilities falling under the
jurisdiction of this Part 1, including but not limited to
all individual sewage disposal systems and all
preexisting individual sewage disposal systems, and(s)he
is hereby authorized to enter any parcel of property
within the Town of Queensbury pursuant to this authority.
Where practical, such inspections and entry shall be made
after reasonable notice to the owner or occupant. If it
is necessary to enter a structure to make an inspection,
the owner must consent to the entry and the owner or
owner's representative must be present when the entry and
inspection is made. If the owner refuses to consent, the
Enforcement Officer shall report to the Town Board and
the Town Board may authorize Town Counsel to seek a court
order authorizing the entry and inspection.
SECTION 9 . Section 136-25(B) of the Code of the Town of
Queensbury is hereby amended to read as follows:
B. The enforcement officer or his/her designee may inspect
any individual sewage disposal system including
preexisting individual sewage disposal systems, to ensure
that it is being maintained in proper working order. It
shall be unlawful for the owner or occupant of the
property to deny such enforcement officer access to the
property at reasonable times for the purpose of making
such inspections . Where practical, inspections shall be
made only after reasonable notice to the owner or
occupant, and twenty-four (24) hours notice shall be
given where practical. Where the enforcement officer
determines that a system is not being maintained in
(5)
compliance with this Part 1, (s)he may order that use of
the system cease and/or that the defects be corrected
and/or the misuse abated within a reasonable time. If
the prescribed action is not taken within the time fixed
by the enforcement officer, in addition to any other
remedies provided by law, (s)he may revoke the use
permit, if any, for the system.
SECTION 10. Section 136-27 of the Code of the Town of
Queensbury entitled "Penalties for offenses" is hereby amended to
read as follows :
Any person owning, controlling or managing any building,
structure, land or premises therein or whereon there shall be
placed on or there exists a structure or sewage disposal system in
violation of this Part 1, and any person who shall commit or assist
in the commission of any violation of this Part 1 or who shall
build, erect, construct or attempt the same, any structure contrary
to the plans or specifications submitted to the authorized official
and by him certified as complying with this Part 1, and any person
who shall omit, neglect or refuse to do any act required by this
Part 1, shall be subject to a penalty of not more than two hundred
fifty dollars ($250) or to imprisonment for a term not exceeding
fifteen ( 15) days, or both. Every such person shall be deemed
guilty of a separate offense for each day that such violation,
disobedience, omission, neglect or refusal shall continue. Where
the person committing such violation is a partnership, association,
corporation or limited liability company, the principal executive
officer, partner, agent, manager or member may be considered to be
the person for the purposes of this Article.
SECTION 11. The invalidity of any clause, sentence,
paragraph or provision of this Local Law shall not invalidate any
other clause, sentence, paragraph or part thereof.
(6)
SECTION 12 . All Local Laws or ordinances or parts of Local
Laws or ordinances in conflict with any part of this Local Law are
hereby repealed.
SECTION 13 . This Local Law shall take effect immediately
upon filing thereof in the Office of the New York Secretary of
State.
(7)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 4, of 19 97
of the )(Tow of „Pensbury was duly passed by the
Town ar n�to ay 5� 19�, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of - was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name or LegislativeBody)
disapproval) by the and was deemed duly adopted on 19^,
(Elective ie xeeutive racer
in accordance with the applicable provisions of law,
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive officer*)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19,, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19� Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(8)
S. (City local law concerning Charter revision proposed by petition.)
• w I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ..................... . ........ having been submitted to referendum pursuant to the
provisions of 136 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the gene al election held on ............
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph...I.........above.
Clerk of the County legislative body.Clty,Town or Vi6ar Clerk or
officer designated by local legislative body
Date:
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.....Wa r—_11................
1, the undersigned, hereby certify that the foregoi I law c t ins the correct text and that all
proper proceedings have been had or taken for the enactm local nnexed hereto.
...... . ......... ...............................
Mark Schac neEgnatare
Town Counsel
...................................................
Tide
Date: XMX of .Q4 a RU...._..
own .... ........
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STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
June 6, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 4, 1997, filed 05/28/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing farms will be f-orwarded upon
request.
Sincerely,
q 0,#j CC- 9 13w+,L--
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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L.�printed on recycled paper