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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 .... ........ (9) Z 227 623 76Ci !��1 Receipt for Certified Mail WAWOMV� No Insurance Coverage Provided ur«TEOs,Aws Do not use for International Mail POsf�45EHYCE (See Reverse) Sy Site ao N!�jp ti a ma`s PO S Ee and ZIP Code � Postage $ th y1� E Cert,hed Fee Special DaOvery Fee rA D.. Restncted Delivery Fee Return RPfe¢tl Shuwrng to Whom&Date DOvered f J Return P("Celpt Showing to Whom, Date,and Addressee's Address (.. &Fees Postmark or Date 3 i r r r Z 227 623 767 `, Receipt for Certified Mail No insurance Coverage Provided WIEO SiAIES Do not use for International Mail vos*u sewer (See Reverse) Ch - r St eet ana No P St t_and Zip Code rsy' w Certdea Per ,yy O t Snac,ai Dek—n Fe, r/3 0_ Fi't;StfiL'fY.�(J?;(C'F(Y rer ROW"Rereiut S'+DWing tt+Wnorxi$Dafe Del,vered Return Receipt Show+ng to VO, Date,ar,d Acid+e5s,Ws Add,ess TOTAL Po,lag, &Fev" t PQs[ma�n o; C;i- � Y 1 SENDER: I also wish to receive the ■Complete items t and/or 2 for additional services. m ■Complete items 3,4a,and 4b. following services(for an ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Ahacch this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address ■Wdte'Retum Receipt R nested'on the mall piece below the article number. m ■The Return Receipt show to whom the article was delivered and the date 2• ❑ Restricted Delivery N delivered. Consult postmaster for fee. o � 3.Article Addressed to: ; e�lur�be �� . d new �C,� � � �, 4a-Amcl j E l nn 4b.Service Type �°► ( t n +, 7 v� v�� ❑ Registered Certified ¢ /� to l 1 i I ❑ Express Mail Insured a 1 4 43, Ic ❑ Retum Receipt for Merchandise ❑ COD ' 7.Date of Deliver S'�,%r 5.Received By:(Print Name) 8.Addressee's Address(Only if requested and fee is paid) H 6.Signature:(Addre r ent) °a X PS Form 3811, DecerM r 1994 "-• 6 ,.ate items i and/or 2 for additional services. I also wish to receive the -complete items 3,4a,and 4b. following services(for an M •print your name and address on the reverse of this form so that we can return this extra fee): .. card to you. lit •Attach this form to the front of the mailpiece,or on the back if space does not Y apermit. 1.❑ Addressee's Address `y ■ rite'Retum Receipt Requested'on the mailplew below the article number. 2. ❑ Restricted Delivery W Jj •The Return Receipt will show to whom the article was delivered and the date o delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number cc E 4b.Service Type u ❑ Registered Certified �-g `a`>1 i /l i Y) 9s2 ❑ Express Mail Insured c. ❑ Return Receipt for Merchandise ❑ COD � 'a C --00 0 i 7.Date of Delivery a 0 5.Received By:(Print Name) 8.Addressee's Address(Only if requested o „# and fee is paid) a 6.Signature:eddrosjsee or Agont) PS Form 3811,December 1994 WY 6.2 0 4 METER 'TER '. � , 3.013956 % 1 1 e C 1 V,:0 r o ise F-, f c)1, 7.11 C.i,iuss f.o n fit y ou, ("o em i��:n a�, lown of 0 1 a O. I I I III fill IIIIIIIII IIIIIII I 111111111 e � 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 JGD:ml L.�printed on recycled paper